Tenant Rights State of Florida (Orlando, Kissimmee: mover, credit, house)

[marnatabelze]

if the wind blows out the screens on the pool cage, can the landlord deduct the cost of repair from my security deposit?

[annerk]

Originally Posted by marnatabelze

if the wind blows out the screens on the pool cage, can the landlord deduct the cost of repair from my security deposit?

What does your lease say?

[champa]

Originally Posted by marnatabelze

if the wind blows out the screens on the pool cage, can the landlord deduct the cost of repair from my security deposit?

Do you think you would be able to document that it was the wind and not you? Maybe take some pictures, etc. I imagine it would be fairly obvious to tell the difference (i.e., if a ball or some other object was thrown in there versus a whole section being torn by the edge of the frame). Maybe that would help make your case that it was the weather and not you.

good luck...

[annerk]

Originally Posted by champa

Do you think you would be able to document that it was the wind and not you? Maybe take some pictures, etc. I imagine it would be fairly obvious to tell the difference (i.e., if a ball or some other object was thrown in there versus a whole section being torn by the edge of the frame). Maybe that would help make your case that it was the weather and not you.

good luck...

I live on a golf course and regularly replace screen that is torn along the edge of the frame due to golf balls.

[littledebbie]

I'm in the same situation.. The house that I'm in now is being foreclose. My lease doesn't end till the end of December but I want out now,because he is in a lot of trouble people are always knocking at the door trying to serve him for all kinds of reason. We had at least 12 people since we moved in trying to serve him including the house. This month we had 4 people came over looking for him. I can't even have a quiet enjoyment of the property. and he's always threatening me me with eviction every time I mention that I want to move out and just use my deposit as my last months rent. That he will trow us out, that we will go to jail, that he will go after us for the rest of the lease I haven't been sleeping well since we got served on this house. What should I do? I just want to move out and use my deposit as last months rent, because I know that I will never see that again.

[kgk1701]

My apartment was flooded on oct 31 2011 intially I was told i would have to be out for 4 days while they tore out the carpet and dried out the apartment and replaced the carpet I had to leave because I have a disabled daughter with cerebral palsey and severe allergies so we could not stay. It now going to be 2 full weeks before the apt. is done what are my rights reguarding with holding fent to pay for the place were I had to stat

[champa]

Originally Posted by kgk1701

My apartment was flooded on oct 31 2011 intially I was told i would have to be out for 4 days while they tore out the carpet and dried out the apartment and replaced the carpet I had to leave because I have a disabled daughter with cerebral palsey and severe allergies so we could not stay. It now going to be 2 full weeks before the apt. is done what are my rights reguarding with holding fent to pay for the place were I had to stat

I am no lawyer, but I think during that perior you shouldn't pay rent in your original place (the one that got flooded) since it is not livable (and that is the key condition for you paying rent); but you will have to come out of pocket for your alternative location. Unless this was done by some kind of gross negligence by the landlord I don't think s/he owes you for alternative housing. I believe that is what tenant insurance is for, because your landlord's policy will not cover your stuff nor your loss of use (it will likely cover his loss of use though). Your contract should probably have a clause in there about this type of situations.

[champa]

Originally Posted by littledebbie

I'm in the same situation.. The house that I'm in now is being foreclose. My lease doesn't end till the end of December but I want out now,because he is in a lot of trouble people are always knocking at the door trying to serve him for all kinds of reason. We had at least 12 people since we moved in trying to serve him including the house. This month we had 4 people came over looking for him. I can't even have a quiet enjoyment of the property. and he's always threatening me me with eviction every time I mention that I want to move out and just use my deposit as my last months rent. That he will trow us out, that we will go to jail, that he will go after us for the rest of the lease I haven't been sleeping well since we got served on this house. What should I do? I just want to move out and use my deposit as last months rent, because I know that I will never see that again.

Hi littledebbie; did you resolve the situation? I know it is a late reply but have you talked to the bank (the folks trying to serve him). I believe that if you can get your contract into the foreclosure proceedings then the court will honor it. Maybe even show the bank that he's been pocketing the rent money rathern than pay the mortgage... good luck.

[RLCJr]

I am starting a 1 year lease today. During the walkthrough inspection yesterday, we observed the thermostat appeared not to be working properly. The air conditioning does work, but the thermostat has to be set on full cold (somewhere around 50 degrees) to cool normally. The landlord states that since we are able to cool comfortably, he is not inclined to repair or replace the thermostat. I don't see anything in the Florida statute about thermostats.

Also, the refrigerator does not seem to be functioning properly. I also don't see anything about refrigeration.

Do I have any recourse?

[hgebel]

Originally Posted by RLCJr

I am starting a 1 year lease today. During the walkthrough inspection yesterday, we observed the thermostat appeared not to be working properly. The air conditioning does work, but the thermostat has to be set on full cold (somewhere around 50 degrees) to cool normally. The landlord states that since we are able to cool comfortably, he is not inclined to repair or replace the thermostat. I don't see anything in the Florida statute about thermostats.

Also, the refrigerator does not seem to be functioning properly. I also don't see anything about refrigeration.

Do I have any recourse?

There certainly isn't anything in Florida (or as far as I know anywhere else) law that requires a refrigerator. There is nothing in Florida law that requires air conditioning. The lease can contain a provision requiring either or both of these things, but unless it pretty clearly spells out what constitutes the system needing repair I would say that he is probably within his rights to say that he won't repair it as long as it can cool comfortably.

If you signed the lease after the walkthrough inspection I think you pretty much implicitly agreed to whatever state the apartment was in during the inspection, especially since you noticed the problems and signed the lease anyway.

If you signed the lease before the inspection you might be able to get out of the lease or force a repair if you can prove that the landlord misrepresented the state of the air conditioning system when advertising the apartment. Still, you would have to explain why you still moved in after noticing the problems. IANAL, you definitely need to talk to a lawyer if you want to go this route. Same for the refrigerator, if he sold it as having a refrigerator you may be able to make him fix it, otherwise unless it's in the lease he has no responsibility.

If you otherwise like where you are, and the actual thermostat is the only problem with the AC; thermostats are cheap and you may want to replace it yourself.

Myself, I would think twice before renewing the lease in a year if the landlord wants to take that attitude towards the A/C system. I poorly running A/C can cost an insane amount of money down here; indeed it can cost a fairly large percentage of the cost of the rent!

-Harry