Full question:
I have been without gas service for a week because of a leak. The gas company has locked the meter. The gas is for the range and water heater. I informed the landlord by phone on Friday, March 27. I searched gas contractors and prices in an effort to get someone out here but have been unable to get a response from my landlord. She is not answering either phone or returning my messages. My rent is due in two days. What is my best course of action? All I want is a working range and a hot shower.
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: Florida
Answer:
In residential rental leases, there is an implied warranty of habitability. This means that landlords must maintain safe and livable conditions. If your landlord fails to make necessary repairs, it could lead to a constructive eviction, allowing you to withhold rent, repair the issue and deduct the costs, or seek damages. However, in Florida, there is no specific 'repair and deduct' law unless agreed upon by the landlord.
A lack of hot water or gas service can breach this warranty, affecting your health and safety. To assert a breach, you must notify your landlord of the issue, give them a reasonable chance to fix it, and if they fail to act, you may have grounds to terminate the lease or withhold rent. Under Florida law (Fla. Stat. § 83.51), landlords must maintain essential services like hot water and gas.
If your landlord does not respond within seven days after you provide written notice of the problem, you may terminate the rental agreement (Fla. Stat. § 83.56). If you choose to remain, you might be entitled to a rent reduction proportional to the loss of habitability.
Consider sending a written notice to your landlord detailing the issue and your intention to take action if it is not resolved. You may also want to consult with a local attorney or tenant's rights organization for further assistance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.