Full question:
I have a rental lease/house. The porch has leaked since we moved in 3 years ago and has not been repaired. It still leaks and is sinking. I wrote letter to the landlord in February 2009 and spoke to her September 2008 when we signed new lease to address the issue. I pay rent on time and have never been late. If I give a thirty day notice to move, pay the rent for May, and out by May 31st am I liable for the balance of rent left on lease that will end August 2009? I'm looking at new house Monday April 20th in the morning and need an answer to my question as soon as possible.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Florida
Answer:
Under Florida law, landlords must maintain rental properties in good condition (Fla. Stat. § 83.51). If your landlord has not repaired the leaking porch, this could be considered a failure to comply with their obligations. If you have given written notice to your landlord about the issue and they have not resolved it, you may have grounds to terminate your lease.
If you decide to give a thirty-day notice to move out and pay rent for May, you may not be liable for the remaining rent due until August if the porch issue makes the unit uninhabitable. However, you must ensure that you follow the proper procedures for terminating the lease due to the landlord's noncompliance. If the landlord fails to address the issue after your notice, you can terminate the lease without being responsible for the remaining rent (Fla. Stat. § 83.56).
It's advisable to document all communications with your landlord regarding the repairs and to keep copies of your notice. If you have further questions or concerns, consider consulting with a legal professional.
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.