What are my options if my landlord is not fulfilling their responsibilities and obligations under our lease agreement in Florida?
As your lawyer, I understand your concern regarding your landlord's failure to fulfill their obligations under the lease agreement. According to Florida law, tenants are entitled to a safe and habitable living environment, and landlords have a legal responsibility to maintain the rental property in good condition and make necessary repairs.
If your landlord is not fulfilling their responsibilities and obligations under the lease agreement, you have several options available to you. The first step is to communicate your concerns with your landlord in writing and provide them a reasonable amount of time to address the issues. If your landlord fails to respond or take action, you may consider the following:
- Request a local housing inspector to assess the rental property: Requesting an inspection from a local housing inspector can determine if your landlord is meeting the state's health and safety regulations.
- Repair and deduct: You may perform necessary repairs yourself and deduct the cost from your rent. However, before you take this action, you must provide written notice to your landlord and allow them a reasonable period to repair the issue.
- Withhold Rent: If your landlord fails to perform necessary repairs or fulfill their obligations, you may withhold rent until the issue is resolved. However, to avoid eviction, you must place the withheld payment in an escrow account.
- Termination of Lease: If the property is uninhabitable or unsafe, you may terminate the lease agreement without liability.
- Lawsuit: If your landlord fails to fulfill their legal obligations under the lease agreement, you may file a lawsuit against them for breach of contract.
It is essential to keep accurate records of all communication, receipts, and documentation related to the issue. If you need further advice or legal representation, I recommend consulting with a licensed attorney experienced in landlord-tenant law.
Please note that the above options have their limitations and exceptions regarding the landlord-tenant legal relationship. Therefore, it is necessary to understand the specifics of your situation before taking any legal action. Thus, I suggest that you seek the advice of a licensed attorney before making any decisions.