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  1. #1
    Join Date
    May 2005
    Location
    Boca Raton, FL
    Posts
    17

    Default Can Tenant mandate repair of broken shutter?

    Good morning

    I have a partially broken shutter. I was not planning on repairing since
    1/ The shutter does not come down with normal efforts but will come down provided some effort and time
    2/ That was preexisting my tenant's possession of the premises and noted it verbally to him and did not make any commitment that I would repair

    The tenant is now asking repair of the shutter so she can be prepared for hurricane season. Note that this is a condo in FL but the shutters are not hurricane shutters (the building is 30 years old and grandfathered in for non hurricane proof windows). I think my unit is the only one with shutter in the building.

    Is it mandatory for me to repair this item per code or legally (I thought that I am only obligated to repairs to keep the place in same condition as she rented it). Can the tenant claim that I was negligent in the case of a hurricane?

    Would it be sufficient if I promised that I would personally come to bring the shutter down in the case of a violent hurricane approcahing.

    Thank you for your wisdom. I appreciate it.

    Mary

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Broken Shutter in Florida

    Is your tenant on a lease, or month-to-month with no written lease agreement? If a lease, what does your lease say about repairs?

  3. #3
    Join Date
    May 2005
    Location
    Boca Raton, FL
    Posts
    17

    Default

    Hi:

    The tenant is on a lease agreement for 12 months.

    Lease has a section called 14. MAINTENANCE RULES. As below.

    To me that means that tenant is responsible for maintenance repairs. But that seems too good to be true. So may be I am missing something?

    This was a preexisting condition so I guess that may not apply anyway.

    Thanks for your input.

    Mary



    MAINTENANCE RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall:
    (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
    (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
    (c) Not obstruct or cover the windows or doors;
    (d) Not leave windows or doors in an open position during any inclement weather;
    (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
    (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
    (g) Keep all air conditioning filters clean and free from dirt;
    (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;
    (i) Exercise care and proper maintenance of the appliances, glazed tub, kitchen granite countertop and wood floor. Only the cleaners and cleaning methods designated for these items should be used.
    (j) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
    (k) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
    (l) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
    (m) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Broken Shutters

    You can't make the tenant responsible to repair something that was broken when they moved in.

    You will have to speak with a local lawyer about whether failure to repair the shutter makes you potentially liable in the event of a hurricane. However, I would suggest that you decide if you want to leave the shutters in place (in which case you should repair them) or not (in which case you should remove them), so as to prevent a recurrence of this issue. Removing them is not so easy while your tenant's lease remains in effect, but it is something you could do at the end of the lease, provided you don't renew (assuming that to be your intention) until the tenant understands that the shutters will be removed (written notice, or perhaps even an additional line in the lease, would be appropriate).

  5. #5
    Join Date
    May 2005
    Location
    Boca Raton, FL
    Posts
    17

    Default

    Thank you for your answer.

    I was not planning on asking the tenant to pay for the shutter.

    I just do not want the tenant to force me to fix the shutter. I only used them once in 2 years and the one shutter comes down if you put some effort and time into it.

    These shutters are not hurricane shutters so I should not be liable in the event of a hurricave. The building is grandfathered so noone has hurricane proof windows or shutters.

    Wondering if I could propose that I will personally come to bring the shutter down in the event that a major hurricane is threatening.

    Thanks,

    Mary

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