No Heat

**mdotinc** · 03-02-2009, 08:27 PM

My question involves landlord-tenant law in the State of: Florida

First off, I want to thank you for providing this service as you have helped me many times with my legal questions!!

I moved into an apartment approximately 5 months ago, and have no heat to date. I reported it almost immediately after I moved in, and got no response. I e-mailed them, and got no response. Finally after practically harassing the maintenance guy, he came and worked on it, twice, to no aveil and ended up replacing the AC unit outside, which did nothing about the heat problem. After harassing them for another couple weeks, he finally came and supposedly put in a brand new heating element(9am). When he finished, I took a nap. I woke up around 2pm to a house full of smoke and I couldnt breathe, I shut off all the breakers. I called 911 and they dispatched the emergency response. They came and determined that it was an electrical error that originated in the heating element.(not to mention that I believe the installer is unlicensed)

So for the next 4 days, we had no heat AND no AC!(of course its Florida...we had no AC on the hottest days, and no heat on the coldest nights) Finally he came and installed a new unit in our apartment. Now we have AC, and still no heat!!!! It has been freezing lately and they just don't give a sh$t!!! Not only that, but our thermastat that he installed is used so our AC runs continuesly!!! Right now it is about 50 degrees out, its set on 80 and is running. I have to turn it off.

Please help! What can I do?

**Mr. Knowitall** · 03-04-2009, 07:16 AM

What do you want to do? Do you want to get out of your lease? Get compensation for part of the rent you paid when the defect remained (remains) unfixed? Compel the repair? Repair it yourself and deduct the cost of repair from your rent?

If you wish to compel the repair, check to see if your locality (the unit of government for the place you live) has a housing inspector for rental properties, who can inspect the problem and order repairs.

**mdotinc** · 03-04-2009, 11:38 AM

In a perfect world I would like to get out of my lease, and also receive compensation for having to move. I don't have the money to put a down payment and security on a new place so I don't know how it would work even if I got out of the lease.(unless they facilitated the move)

Also, you asked if I wanted to deduct rent from the time the problem remained unfixed. I dont have and haven't had heat since I moved in, so how much would I be eligible for?($1300 per month/rent x about 5 months rent)

thanks.

**Mr. Knowitall** · 03-04-2009, 01:54 PM

The world isn't perfect. I don't have time to research every available approach to this issue. Tell me what you intend to do in this imperfect world. Also, what did your local government say about conducting an inspection?

Note that there's no question but that your landlord is obligated to provide heat in the winter (Florida Statutes, Sec. 83.51). A guide to landlord-tenant issues can be found here.