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I have a condo that is rented. Per Florida Bar approved

lease "Tenant's Required Maintenance": 4...
I have a condo that is rented. Per Florida Bar approved lease "Tenant's Required Maintenance": 4: keep all plumbing fixtures in the dwelling unit clean, sanitary and in repair" and per Rules & Reg signed by tenant " Tenant is responsible for the proper operation of all plumbing in unit, (ie changing toilet flappers when it stops functioning properly, clearing any clogged drains." Also at time tenant moved in, Tenant filled out and signed a Move-In Checklist which confirms all drains were operating properly. Based on this info, is the Landlord responsible to clear localized clog in tub drain?
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Answered in 6 hours by:
3/27/2018
Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,435
Experience: Real Estate attorney with over 25 years experience
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Hello. Let me see if I can assist. I am a licensed FL attorney with over 25 years experience. Give me a moment to review and type my reply
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Most FL bar and FL board of realtor lease forms provide a cap on the cost of repairs. In other words, minor maintenance and repairs for plumbing under $250 are the responsibility of the tenant. Does your lease have that cap?
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If your lease does not provide a cap, you have a strong argument that the maintenance and minor repair of the plumbing is the tenant's responsibility.
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Customer reply replied 4 months ago
lease has a cap of $100 for minor repairs. Aside from that, the tenant did sign a separate document that states tenant is responsible for clogged drains in unit. Is the minor repair clause an issue?
Customer reply replied 4 months ago
You mentioned the repair clause, yes this lease has it and it reflects any repairs exceeding $100 is considered major repair or replacement which landlord is responsible for. However, tenant did sign a separate document stating that clogged drains in unit are the responsibility of tenant. With the separate document, can tenant assert tenant is not responsible?

Since the tenant signed a separate addendum as to the clogged drains, that addendum supercedes the $100 repair clause in the lease.

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Lori
Lori, FL attorney
Category: Landlord-Tenant
Satisfied Customers: 2,435
Experience: Real Estate attorney with over 25 years experience
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