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 law (Fla. Stat. § 83.51), landlords are responsible for maintaining rental properties. However, this law states that landlords are not liable for damages caused by the negligence of tenants or their family members. Specifically, it says:
“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.”
In your situation, if the damage to the glass partition was caused by your children's actions, you may not be able to compel your landlord to make repairs. While landlords have a duty to maintain the property, you would need to demonstrate that the damage was not 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.