Landlord/Tenant Series: What Do I Do If My Landlord Isn’t Making Repairs?

It happens often.  You are a tenant and have something break or get damaged in your rental property.  Who is responsible to fix it should be your first question.  This will require you to look to your lease.   There will be a section of your written lease that outlines the duties of both the landlord and the tenant as to repairs. 

Once you determine landlord is responsible for that specific repair, what do you do if landlord won’t fix it?  This will require a 7 day notice.  Calling, emailing and texting your landlord often results in no response, and is not sufficient to satisfy the law.  Florida law specifically requires written notice.

The Florida Statutes require that the tenant send a properly drafted 7 day Notice to the landlord which permits the landlord 7 days to correct/fix the problem.  If landlord does not after 7 days, then tenant has the option to withhold a portion of the rent equal to the loss of use of that area/item in the rental property, or break the lease and move.

All too often tenants give the landlord improper notice which does not begin the clock ticking for landlord to act.  They then improperly withhold rent or move out and find themselves being evicted in court and the judge telling the tenant “too bad so sad” as tenant did not follow the law.

If you need assistance drafting a 7 day notice, please contact our office at info@JAKLegal.com or 754-800-LAW0 (5290) for a free case review.

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