Renter's rights (attorney, house, tenants)

[RoyalSt]

Does anyone know where I can find info on renter's rights in Florida? I am not getting any response from my landlord regarding items not working in my house. The dishwasher, garage door, etc. do not work. I've sent emails and left phone messages. The owner is an oversea's investor. I think a family friend handles the properties. Can I fix the items and take it out of the rent?

Thanks!

[itsajourney]

What you can and can't do depends totally on what your lease says and following guidelines under Florida Landlord/Tentant Statues. The Florida Statues do give tenants rights-you just have to exercise them properly.

You can find the statues online by going to Florida gov website. You can also find some helpful books dealing with landlord/tenant issues at most major bookstores which will help guide you in the right direction.

Hiring an attorney is really about the only advice someone can give you in Florida because you are asking a legal question. I know that kind of sucks when you are looking for help, but unfortunately there are liability issues at hand.

If there are safety issues at hand that require immediate attention, I believe you can contact the city/county code enforcement. I once had a rental home where there were some electrical & plumbing issues landlord chose to ignore. County code enforcement got his attention in a hurry.

[volk2k]

Originally Posted by RoyalSt

Can I fix the items and take it out of the rent?

Probably not.

This page gives a good summary:
Floridas' Landlord/Tenant Law

But obviously, you will want to do your own research and speak to an attorney if necessary.

[itsajourney]

Did the dishwasher and the garage door opener work when you initially rented the house? Was it implied to you that they worked? Were you told that they worked?

[volk2k]

Originally Posted by itsajourney

Did the dishwasher and the garage door opener work when you initially rented the house? Was it implied to you that they worked? Were you told that they worked?

Even if they did work at one point, I don't believe a landlord is OBLIGATED to fix these "covenience" items. If the tenant has running water (to wash dishes) and can manually open the garage door, I don't he/she can withhold rent nor demand that an item be fixed... unless those items were specifically included in the lease. I don't think there is any problem with habitability nor code violations in this case.

If the tenant refuses to pay the entire rent due, the Landlord can evict them for non-payment.

You would hope that a good landlord would fix these issues, but I don't think it is required.

[itsajourney]

I had a landlord that had to fix a garage door opener and pay court costs. She also had to fix the pool pump. The judge allowed the fair market value of pool to be deducted from the rent for the time it could not be used.

Keep in mind that I went through the proper procedures in order to achieve this. I would also add the landlord tried to evict and got hit with retaliatory conduct.

A few years ago the running water had to be "hot" running water. I don't know if this is still required or not.

There is this thing called "Registry of the Courts" where a tenant can deposit disputed rent monies. Not that I would do that in this case, but tenants often feel helpless when they have valid issues with scum/slum landlords. My personal opinion is that the Florida Statues do a pretty good job of protecting tenants against such landlords compared to other states I have lived in. Most tenants lack the expertise on how to go about getting, keeping, and protecting their rights.

Do your research and approach the landlord/landlord's agent as provided for in the FL Statues. There are implied warranties granted to renters besides the "Warranty of Habitability". Off the top of my head, "Warranty of Quiet Use & Enjoyment" is/used to be one of them. Again, not that this applies here, but I am so weary of bad landlords treating good tenants shamefully and tenants allowing such landlords to do so. Landlords who don't know how to be landlords should be out of the landlord business.

[RoyalSt]

Thanks everyone. I appreciate the responses.

Since I rented the house with a garage door opener and dishwasher I think it's fair to expect them to be working during the time of the lease. Too me, I consider it part of the contract that they are in working order. (I haven't reviewed my lease yet)