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Landlord Wont Repair Faulty Refrigerator

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  • 08-27-2008, 08:32 AM
    gruzia
    Landlord Wont Repair Faulty Refrigerator
    My question involves landlord-tenant law in the State of: Florida

    Hi,
    I rent my apartment from a private owner who has the property managed by ReMax. My refrigerator makes an extremely annoying noise that interferes with my sleep and general quality of life. I cant keep the freezer turned on a high enough temperature to store meat in it or else it makes the noise louder and more constant. A repairman came two weeks ago and confirmed that there is indeed something wrong with the fridge and it needs to be repaired. However, the ReMax agent keeps stalling, saying that the owner hasn't gotten back to her regarding authorizing the repairs. At this point, I'm seriously considering just moving out (I've lived there about two months).
    How can I force her to do the repairs and are there any provisions for getting my security deposit back if she does not do the repair in a timely manner and I break the lease to move out?
    Thank you - this has been going on for two months and I am really starting to get quite fed up.
  • 08-28-2008, 07:01 AM
    LawResearcherMissy
    Re: Landlord Wont Repair Faulty Refrigerator
    After properly notifying your landlord, you may make the repairs yourself and deduct the cost from your rent.


    Quote:

    If a landlord has not made repairs that are needed but the tenant can still live in the dwelling, the tenant must give written notice of the need for repairs and allow seven days for the repairs to take place. The written notice must also state the tenant's intention to withhold portions of the rent until the repairs are made. After seven days, if the repairs are not made, the tenant may deduct the daily rate of rent until the repairs are made. When it is time for the tenant to paythe next month's rent, the tenant will pay the monthly rental fee minus any deductions for days repairs were not made. Tenants cannot wait until rent is due and then try to withhold rent on the basis of the landlord's failure to make repairs.

    http://www.coj.net/Departments/Envir...ant+rights.htm
  • 08-28-2008, 07:12 AM
    aaron
    Re: Landlord Wont Repair Faulty Refrigerator
    I believe that the "repair and deduct" remedy cited on that page arises from the Jacksonville Property Maintenance Code, and there is no authorization for "repair and deduct" in the statute cited, Florida Statutes Sec. 83.51. Before pursuing a "repair and deduct" remedy, I suggest confirming the availability of that remedy for your municipality.
  • 08-28-2008, 01:46 PM
    gruzia
    Re: Landlord Wont Repair Faulty Refrigerator
    do you know how i would confirm that it applies to my municipality? where would i look?

    also - she claims that she is not responsible for the repair because in my lease there is a statement that reads: TENANT agrees once they have fully inspected premises they accept the condition of the
    premises in "as is" condition with no warranties or promises expiess or implied unless stipulated otherw]se by separate addendum

    however, when i moved in - and this is in the lease also - i had 14 days to bring to her attention things that needed fixing and i told her about the fridge within those 14 days. Though, of course, I have no written proof of this. What does the "as is" thing mean - I mean can she use that to not make repairs on the refrigerator?
  • 08-28-2008, 01:57 PM
    aaron
    Re: Landlord Wont Repair Faulty Refrigerator
    You would look in the municipal code for your municipality, or ask somebody responsible for housing with your municipality.

    The part about her not being responsible for routine repairs isn't credible. But let's start by finding out your remedies under your municipal code.
  • 08-28-2008, 08:35 PM
    gruzia
    Re: Landlord Wont Repair Faulty Refrigerator
    I don't think Tampa (where i live) has the Jacksonville provision - i looked in the county and city codes and the closest I saw is this in the Hillsborough County codes:
    Cooking equipment: Every dwelling or dwelling unit shall contain a stove or range and refrigerator of appropriate size. All cooking and heating equipment and facilities shall be installed in accordance with the building, gas, or electrical codes, and shall be operable and maintained in safe, working condition.

    However, I'm not sure if my fridge matter applies to this seeing as how it is not doing me bodily harm - psychological harm by interfering with quality of life and ability to rest (esp as i have a very high stress job that depends greatly on mental acuity) but not physical harm. Could I argue that "working" means the fridge should not make a noise that prohibits me from turning it up high enough to enable storage of meat in freezer?

    And that clause about the apt being "as is" - what does that mean exactly?
  • 08-28-2008, 09:07 PM
    aaron
    Re: Landlord Wont Repair Faulty Refrigerator
    There's (apparently) a guide to a tenant's remedies for problems with the premises here; it's not loading tonight, so I can't say more than that at the moment.
  • 08-30-2008, 12:58 PM
    gruzia
    Re: Landlord Wont Repair Faulty Refrigerator
    So I looked at that guide - thank you for finding it - and I found the following paragraph:
    An unconscionable clause in a lease is one that is far beyond what is considered reasonable to an ordinary person. Naturally, the law prohibits unconscionable lease clauses, and the court may invalidate the clause or the entire lease agreement. (Fla.Stat. � 83.45) Additionally, if a lease clause excludes any rights specifi ed in the Landlord/Tenant Act, or limits any other legal liability of the landlord or tenant, the clause is unenforceable.

    Do you think I can use this to basically invalidate the whoe "as is" clause in my lease?
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