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Are you familiar with florida law? So... (Gotta type it) I…

Are you familiar with...

Are you familiar with florida law?

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

Yes, so... (Gotta type it)

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

I just moved in this place last wednesday

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3/12/2018
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,779
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Can you please share with me what your question is?

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Customer reply replied 5 months ago
I moved in to an apt complex last Wed. Upon intial viewing the patio door was dismounted, one screen was missing and one screen was cut out. Other than that it was a normal remodel. The leasing people said they would fix it by the time we moved in. A week later we moved in (last Wed). It hasnt been fixed. We filled out a walk through and included that on the report. Still nothing has been fixed. Since then, we discovered our bathtub doesnt drain properly (it takes a half an hour to drain), the toilet doesnt flush properly (waste alone doesnt go down for about 6 flushes, no exaggeration). The door knob came off the bathroom door and the towel holder came out the wall. We havent even been here a week. And it's REMODEL. I've placed several maintenace requests (as things get worse) and I have gone to the office many times but they just keep saying they will get to it and are short staffed. I mostly care about the toilet and the tub. How do I go about this?
Customer reply replied 5 months ago
I really dont feel like taking a shower standing in my own dirt.

Thank you and please allow me a moment

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Customer reply replied 5 months ago
Thanks, ***** *****

The rental needs to be move in ready and these are all things which need to be fixed, within a reasonable amount of time. I think you have legitimate issues and complaints and you can speak with them and see if they would allow for you to repair and deduct from the rent, any repairs which you have to make on your own if they are short staffed and cannot attend to these things. Another option would be to see if they would agree to reduce your rent, as a result of the delay and if it turn out that these things make the rent unsafe or uninhabitable, you could have a basis to break the lease and vacate. Now, if you withhold rent, FL is specific as to what must be done and if not done properly, you could be evicted, so that is a last resort, if you can not wait and they refuse to fix this.

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Customer reply replied 5 months ago
Yeah this I read online but:1) what's considered a "reasonable amount of time?"
2) Does any of this make the place "uninhabitable".

Below is the Florida Statute which the landlord must comply with.

If your landlord has failed to comply with the previous listed code responsibilities, and has ignored your request to undo their unlawful action, you can contact The Code Enforcement Branch of city or county in which you reside and request that they contact your landlord and explain that their action is illegal and violates your local code.

If your landlord fails to do what the law or lease requires, you may be able to withhold the rent. You must give written notice of your intention by certified mail at least seven days before the rent is due to allow time for the landlord to remedy the problem. If the problem is not corrected within seven days and you withhold the rent the landlord may take you to court to collect it. You must them pay the rent into the court registry pending the judges determination of the case.

Tenant may also enforce the landlord’s obligations by filing a civil suit for damages.

A reasonable amount of time is how long a reasonable person would think it would take to fix and remedy these things. It should take no more than a week and habitability, would be based upon if it is safe to live there and/or if these things create any risk or harm. For example, if sewage was coming up from the tub or tiolet, that could be an issue.

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.

(d) This subsection shall not apply to a mobile home owned by a tenant.

(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 5 months ago
Okay cool, thanks. Sorry for some reason my last message didn't send. Thanks for your help.

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
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Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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