Help! my landlord won't fix my AC, I've asked so many times..I live in FL...what can I do?
Answers:
You may be able to notify the landlord in writing to fix the problem or else rent will be withheld.
"83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.--When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies."
Also, you may want to check out 83.51 Landlord's obligation to maintain premises at the link below.
Unless it is a serious health issue, I would not have this repaired yourself and try and obtain the funds later. Attempt to have the landlord fix it by using the proper means as afforded you by law first.
It might be a good idea to contact Florida State government at 1-800-342-1827 about this. They may be able to confirm my above theory or offer other remedies.
Good luck. Take care.
Other answers:
Fix it yourself, then when its time for rent deduct it and give him what's left (along with the receipt for fixing the AC of course).
Fix it yourself, then when its time for rent deduct it and give him what's left (along with the receipt for fixing the AC of course).
I am not totally sure about Florida laws but I know that in California you have the option to give the landlord a written notice telling them the problem and then giving them a limitation as to how long you are going to wait to have it fixed. Then you also have to inform them (in the letter) that after such time you will be having a professional come to repair the problem and be taking the cost of such action out of your rent. *Example if it cost $500 and your rent is $400 you take $400 out of 1 month and $100 out of the next.* It is important that you do give them written notice of this and to keep any receipts you may get due to having to fix their property. I would also suggest in your case that if you are having issues with the landlord not fixing things that you give them written notice whenever you have a problem that needs to be fixed. Also remember to keep a copy for yourself as well.
Is the A/C listed in your lease as an included appliance? Did you do a walk-thru form when you moved in? You could call MiamiDade Housing Agency, Dept of Private Rental Housing, 2153 Coral Way, Miami, Office of Inspections305-250-5250. Florida is a Landlord friendly state, expect to be transferred around. Be persistent, advocate for yourself. Don't do anything drastic like stop paying rent unless you first pay a lawyer to send a letter for you. A cheap way to get a lawyer is to sign up for legal insurance/service. Many employers offer this to their employees. Or check directly with the leader, PrePaidLegal.com it is $17/month, 1 year minimum and they can write a letter for you.
YOU DON'T DO ANYTHING UNTIL YOU KNOW WHAT THE OUTCOME WILL BE. YOU DON'T NEED ANY SURPRISES.