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Asked 4/30/2011

Renting a home in FL, LL gave us keys few days before lease begins and we noticed problems, Please HELP!

We are renting a single family home in FL with an association. LL is a lawyer. We were given keys a few days early to clean and get property ready (it was very dirty, holes, stains on walls and such which we cleaned and fixed). We noticed water damage. Water company said last bill was $600 and the two before were $300 and there are obvious leaks since bill should be $80. We had water turned on to try to find leaks and found a big one. Toilet bowl has leak and also does not stop running. You are unable to shut off just the water to that toilet, so we turned the whole house's water off to avoid the mess of a leak. Without being able to turn on water, home is unlivable.

Lease starts tomorrow and now his phone is off with no voicemail. The water to the fridge is also cut off because of leaks, but we are willing to deal with that later as it can be easily turned off. Mailbox is rusted out and has no door. Also the washer and dryer are both completely rusted on the inside! Water looks full of rust if turned on. I will not put clothes into it. He said he would fix the leak (gave no date) and that by yesterday a new washer and dryer would be delivered (obviously that did not happen). Now we cannot get a hold of him.

He has almost $6000 first, last and deposit.

Not to mention the association hasn't approved us and will not allow us to move in. However we start officially paying rent tomorrow. He is a lawyer so should know the law. We need to know our rights too! What can we do?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 4/30/2011

Since Florida has no grace period for signing leases you are bound to the contract. Your landlord is also bound to the contract. He is also responsible for making the dwelling habitable.
Florida landlord tenant chapter 83 section 83.56 states that if the landlord does not make required repairs you can withhold rent and void the contract.
To legally withhold rent you must follow the proper procedures The first thing you do is send certified mail return receipt requested to your landlord. Give him a list of needed repairs and tell him according to the above Florida landlord tenant law you are giving him 7 days to make repairs. If he does not make the repairs in seven days the contract will be void. You should hear from him before the 7 days are up but if you are still there and he has not made all the repairs you will need to call the city before withholding rent. They will need to be made aware of your intentions. If after seven days he has not made repairs you can deduct a days pro rated rent for each day the repairs are not made. Pro rates are figured by dividing 30 into your rent. This gives you a pro rate rent for one day.
Contact the Property Safety Division of the Housing and Neighborhoods Division. If you have trouble finding a number let us know what city in Florida you live in and we may be able to find it for you.

 
 
 
 
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