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My wife and I are having some trouble with a cheap owner in…

Good morning Lawyer's Assistant:...

Good morning

Lawyer's Assistant: Hi. How can I help?

My wife and I are having some trouble with a cheap owner in the rental property we live in in Florida.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes maintenance issues. There is an issue with air conditioner, roof leaks, old appliances, windows stuck closed, rotton perimeter fencing (danger to my children) etc. We have put in repair requests through our property manager, and the owner either delays or refuses. We are about to resign my lease and want to have these things repaired before doing so. Other homes in my area in comparison are larger in square foot and are updated, however the expenses of relocating are not available. I would like some advice on how to move forward.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is all

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Answered in 2 minutes by:
9/21/2017
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,381
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Good morning. I certainly understand the situation and your concern. The landlord does have a legal obligation to make these repairs. The rental needs to be habitable and if there are issues with the A/C, safety issues with the fence or problems with the windows in case of an emergency, these must be fixed. If they are not done, the landlord could be in breach of the lease and you could vacate and sue for damages. However, you said you do not want to move, so that is not really an option and if you were to decided to hold rent, Florida has a very strict procedure for it and it involves the court, as well. As such, you can agree with the landlord to resign the lease BUT would want to specifically add the fixture of these items in the terms and conditions of the lease and put a time frame, for when they need to be done or else get the landlord to agree to pay for your moving expenses. If you simply sign the lease, you will be in the same position as you are in now and if you want to avoid a legal battle and moving, need to add these to the terms of the lease, as a condition.

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Customer reply replied 10 months ago
thank you for your response. We do have a good property manager that we deal with, however she is only a middle man. She has expressed to me that tbis owner has a "realtor friend" to whom she takes advice from which is base for many of her sessions.Do I draft up a letter with my repair requests and provide it to them at the lease signing?

You could draft an addendum to the lease and/or write this into the actual lease agreement, so it is signed by the landlord. The goal is to make them agree to this, as a condition to the lease, so if they fail to do so, you can vacate and sue them for damages. You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,381
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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