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I rent an apartment (condo) in Miami Beach. We rented it as…

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I rent an apartment...

I rent an apartment (condo) in Miami Beach. We rented it as of Sept.1, 2017 and have a one year lease. The windows are very old, can not close fully and are not sealed. When it rains, water pours in from them and also from the surrounding frames and sheetrock. The building is old and in need of new windows. The landlord is delaying fixing these unsealed windows making living in the apartment unbearable. How long does the landlord have to fix this situation and if he simply puts a "bandaid" on this problem (he stated he can fix with duct tape) what options do I have. I do not wish to move but am not willing to continue to live this way!

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

Florida

Lawyer's Assistant: Has any paperwork been filed?

No I informed him of the gravity of the situation 2 days ago by email. He said a repairman would contact us Friday to schedule a time to just look at the windows next week

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

The amount of water coming in is very significant

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 1 minute by:
10/4/2017
Real Estate Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 10 months ago

I am sorry to hear of the trouble, but I have information you will find helpful.

Florida law does contain a procedure for withholding rent when the landlord refuses to make required repairs.

It requires giving written notice to the landlord of the need for the repair and giving the landlord 20 days to effect the repair. If the landlord does not fix the problem you can withhold rent.

Read the statute and follow it carefully.

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.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Real Estate Lawyer: Loren, Lawyer replied 10 months ago

Did you have further questions? Please let me know if your question was answered satisfactorily.

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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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