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  1. #1
    Join Date
    Feb 2014
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    1

    Default New Property Owner Wants to Do Major Repairs

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

    Info on the home: St. Petersburg, FL. Single family home (between 50-100 years old). 1 master bed and bath downstairs, 1 bath and 2 bedrooms upstairs. Approx. 1200 sq ft. living area. Lease term (May 1, 2013- April 30, 2014). Three total tenants.


    Our rental home was recently sold to a new private owner. Our security deposit was transferred to her, however, we have not signed a new lease. She has let us know that she intends to move into the home as soon as we are out.

    She just had the home inspected and found out that our upstairs bathroom shower (1 of 2 bathrooms in the house; the other is the master bath in my bedroom) was not properly installed and had been leaking into the structure of the home. She insists that the problem be must fixed immediately. She has estimated that repairs would take 3-4 weeks.

    MY question is basic. What rights do we have as renters?

    We obviously do not want her to do the repairs while we are in the house. To have three tenants all sharing 1 bathroom downstairs would be a huge inconvenience. Additionally, this does not take into account factors such as working hours of the repair men, noise, any issues or new findings during the construction process that would cause the project to go longer, any mess that workers may leave, any issues with workers disturbing our personal property, etc... Lastly, we have already had to put up with multiple repairs and home showings from the old landlord, which has put a strain on all three of us.

    If we decide to let her go head with the repairs, can we ask for lower rent? If we decide to vacate, do we have rights to ask her for money for relocation? Do we have any rights to stay and stop her from doing the repairs while we are in the home?

    Any help would be greatly appreciated.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: New Property Owner Wants to Do Major Repairs

    "If we decide to let her go head with the repairs, can we ask for lower rent? "

    Sure; you can ask. She doesn't have to grant this.

    "If we decide to vacate, do we have rights to ask her for money for relocation?"

    You can ask whatever you wish. Do you have the "right" to do this? No.

    " Do we have any rights to stay and stop her from doing the repairs while we are in the home?"

    No. She needs to provide you with adequate notice regarding these repairs. While sharing a second bathroom might be a "huge inconvenience" there IS a second bathroom available for all three of you.

    Gail

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: New Property Owner Wants to Do Major Repairs

    Sorry, you are not legally permitted to allow the destruction of her property for your convenience.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: New Property Owner Wants to Do Major Repairs

    According to the FL landlord tenant statute:

    83.63 Casualty damage.—If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].

    So, in FL, the tenant does have the right to terminate for a substantial impairment of the premises or get a reduced rent if only part is unusable.

    Here's the entire FL landlord tenant statute:

    http://www.leg.state.fl.us/Statutes/...entsIndex.html

  5. #5
    Join Date
    Sep 2013
    Posts
    833

    Default Re: New Property Owner Wants to Do Major Repairs

    Two problems. One, the OP is in Florida. (Although I suspect the law is much the same there.) More importantly, this would probably not be a "casualty" and it may be the fault of the landlord. In tax law, the definition of a causality would not include water damage from an improperly installed shower that is leaking. A casualty is a sudden event not one that takes time. That is why fire is used as an example in the statute. Also, the current landlord is probably responsible for errors done by the prior one. I am not sure about that and could not find a case easily. But, if the prior landlord improperly installed the shower, it seems like selling the property to the new landlord does not remove the error.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: New Property Owner Wants to Do Major Repairs

    Quote Quoting Welfarelvr
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    Two problems. One, the OP is in Florida.
    My bad.

    I think I looked at Gail in Georgia and got stuck.

    Quote Quoting Welfarelvr
    View Post
    (Although I suspect the law is much the same there.)
    It's actually a bit different. See my corrected post.

    Quote Quoting Welfarelvr
    View Post
    More importantly, this would probably not be a "casualty" and it may be the fault of the landlord. In tax law, the definition of a causality would not include water damage from an improperly installed shower that is leaking. A casualty is a sudden event not one that takes time. That is why fire is used as an example in the statute.
    Not in the statute that I quoted. Nor is there anything in that section that addresses fault.

    Quote Quoting Welfarelvr
    View Post
    Also, the current landlord is probably responsible for errors done by the prior one. I am not sure about that and could not find a case easily. But, if the prior landlord improperly installed the shower, it seems like selling the property to the new landlord does not remove the error.
    Again, the tenant's remedies in FL have nothing to do with which landlord is at fault (other than the tenant has remedies if the tenant is not at fault).

    And, in this case, the landlord wants to make the repairs and the tenant is balking. Clearly, the tenant has no right to prevent the repairs.

  7. #7
    Join Date
    Sep 2013
    Posts
    833

    Default Re: New Property Owner Wants to Do Major Repairs

    That is a very different law. I agree with you regarding the import.

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