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  1. #1
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Residential Burglary

    First off this is in Florida.

    The front door of my residence was kicked in and the landlord has hinted at making me, the tenant, responsible to pay for a new door, frame, and paint. While in the residence they stole various electronics, ammunition and firearm accessories, a personally owned handgun, and one which belongs to the police department I work for.

    In my lease under “Maintenance/Inspection” it states:

    Tenant agrees that they have fully inspected the premises and accepts the conditions of the premises in “as is” condition with no warranties or promises expressed or implied. Tenant shall maintain the premises in good, clean, and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use all electrical, plumbing, heating, cooling, appliances, and other equipment in a reasonable manor, removing all garbage in a clean and sanitary manor. In the event tenant or tenant’s guests or invitees cause any damage to the premises, landlord may at its option repair same and tenant shall pay for the expenses of same on demand or landlord may require tenant repair same, all charges incurred as additional rent. Tenant shall be fully responsible for, and agrees to maintain and repair at tenant’s expense, the following: A/ C filters, extermination, lawn/shrubbery, locks/keys, screening, smoke alarm(s). In the event a major repair to the premises must be made which will necessitate the tenant’s vacating the premises, landlord may at its option terminate this agreement and tenant agrees to vacate the premises holding landlord harmless for any damages suffered if any. Tenant shall notify landlord immediately of any maintenance needed or repair in writing. Tent agrees they shall immediately test the smoke detector and shall maintain same.


    At the end of the lease agreement, under “Additional Stipulations” it states:

    Tenant will be responsible for the first $75 of all repairs unless due to tenant negligence in which case tenant will be responsible for 100% of repair cost.


    The landlord has also stated today while talking to her about the door that she wants me to pay for repairs to the well after we were left without water for a day due to an ant binding up the pressure switch on the pump. This occurred months ago.

    Can she require I pay for a new front door after a burglary and for the repairs to the pump? Neither were caused by my negligence or anything which I could have prevented.

    Thanks.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Residential Burglary

    Under the terms of your lease, it looks to me that you're only responsible for $75 for each of the repairs.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Residential Burglary

    This is a single family home or duplex?
    Quote Quoting Florida Statutes, Sec. Landlord's obligation to maintain premises.
    (1) The landlord at all times during the tenancy shall:
    (a) Comply with the requirements of applicable building, housing, and health codes; or

    (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.
    The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

    (2)
    (a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
    1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this subparagraph.

    2. Locks and keys.

    3. The clean and safe condition of common areas.

    4. Garbage removal and outside receptacles therefor.

    5. Functioning facilities for heat during winter, running water, and hot water.
    (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term "smoke detection device" means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

    (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.

    (d) This subsection shall not apply to a mobile home owned by a tenant.

    (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
    (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord's duty is determined by subsection (1).

    (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

  4. #4
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Re: Residential Burglary

    Single family.

  5. #5
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Residential Burglary

    Do you have renter's insurance?

  6. #6
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Re: Residential Burglary

    I do have insurance. I called Allstate yesterday and they told me I would be contacted by somebody today.

  7. #7
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Residential Burglary

    Quote Quoting kawilkes
    View Post
    I do have insurance. I called Allstate yesterday and they told me I would be contacted by somebody today.
    Depending on the specifics of your policy, this may be covered. I would wait and see (for now). Let us know what your insurance rep says.

  8. #8
    Join Date
    Jun 2006
    Location
    Jacksonville, Florida
    Posts
    27

    Default Re: Residential Burglary

    I talked to the Allstate rep and she told me it would be covered (less the $500 deductible) if the landlord requires me to pay for it.

    I still do not understand how they can require me to pay for repairs to the home's water supply. It was not due to my negligence the pressure switch on the pump went bad after less than a year. The home was completed in August 2008 and the well was drilled shortly before. For all I know the landlord bought the cheapest switch when the well was drilled and now he wants me pay for its repairs. If I knew that I would have shopped around rather than have whoever they called come out.

  9. #9
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Residential Burglary

    Quote Quoting kawilkes
    View Post
    I talked to the Allstate rep and she told me it would be covered (less the $500 deductible) if the landlord requires me to pay for it.

    I still do not understand how they can require me to pay for repairs to the home's water supply. It was not due to my negligence the pressure switch on the pump went bad after less than a year. The home was completed in August 2008 and the well was drilled shortly before. For all I know the landlord bought the cheapest switch when the well was drilled and now he wants me pay for its repairs. If I knew that I would have shopped around rather than have whoever they called come out.
    Initially, I was only addressing the burglary issue...glad it's covered!!

    However, regarding the pump...if it was less than a year, it's possible that was covered under a warranty. So, I don't know why you (or the owner) would be paying for repairs. Just something to look into...

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