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Real estate question? when renting a single family home that…

Customer Question
real estate question? when...

real estate question? when renting a single family home that has well water. Is it the responsibility of the owner to suppll y safe drinking waterr?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

None and No to your questions

Lawyer's Assistant: Where is the home located?

Lehigh Acres Florida

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/26/2018
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,617
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Code 83.51 codifies the warranty of habitability; please see:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

This requires the landlord to maintain the property in a safe and habitable condition; the statute only addresses that water must be provided, and does not address whether it must be potable.

However, when the courts interpret statutes, they will generally take the common usage and normally when a house is occupied the water provided to that house is expected to be maintained based on the standards of the reasonable person, which would be potable water.

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Customer reply replied 3 months ago
Maintained by who?
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Generally the owner of the property unless the lease specifies otherwise: here is the statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html

This is because when a property is residential and rented for human occupation the court will find an implied warranty of habitability meaning it (and services to it) are safe for human use/consumption.

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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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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