Full question:
Can a tenant legally withhold rent for repairs without written notice and providing a verbal intent by telling a relative who is not a tenant on the lease?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: Kentucky
Answer:
In residential rental leases, there is an implied warranty of habitability. This means landlords must maintain the property in a livable condition. If a landlord fails to make necessary repairs, the tenant may have grounds 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 the landlord agrees, tenants who withhold rent for repairs may fall behind on their payments.
For a tenant to assert a breach of the warranty of habitability, they typically must provide notice of the issue to the landlord, allowing a reasonable time for repairs. If the landlord does not address the problem, the tenant may have a case for terminating the lease or withholding rent. Factors that courts consider include whether the condition violates housing laws, the severity of the defect, its impact on safety and sanitation, how long the issue has existed, and the age of the building.
Conditions like lack of hot water or heating can breach the warranty of habitability. Ultimately, tenants must prove they notified the landlord of the defect, gave them a chance to fix it, and that the landlord failed to do so.
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.