Full question:
I live in Florida with my family in a rented house. My landlord lives with his family in the lower portion of the house. We have lived in this house for past 2 years. Last week, while my kids were playing throw ball in the living room, the glass partition in the living area broke. My landlord refuses to do any repairs. Can I compel him to carry out the repairs?
- Category: Landlord Tenant
- Subcategory: Repairs
- Date:
- State: Florida
Answer:
Under Florida Statutes§ 83.51, the landlord is liable for not maintaining the premise. However, the section is clear in its terms that the landlord will not be responsible for the damages caused by the negligent act of the tenant or a member of the tenant’s family.§ 83.51 reads as;
“(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.”
So, in your case, if the damage was caused due to the negligence of your kids, you cannot claim damages. The landlord has the duty to maintain the house, yet, that cannot be used to override your responsibilities or you should prove that the damage was not caused due to your negligence.
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.
