I don't think a missing cabinet door and window screens would be considered constructive eviction to get out of the lease. Many leases also say that money for repairs can be withheld only if its to cure an emergency problem (a leak, etc). So I wouldn't go that route.
So my answer is you can't make her do the repairs. A window screening kit is cheap ($10), so if that really bugs you (pun intended), go to Home Depot, pick one up and do it yourself. You have what, 3 months left on the lease? Just suck it up and leave at the end of your lease term and go somewhere with decent management.
2006-06-10 11:48:48
·
answer #1
·
answered by SndChaser 5
·
0⤊
0⤋
In the State of Florida, If a landlord fails to maintain rented premises or fails to comply with the terms and conditions of the rental agreement, a tenant may terminate the agreement by following this procedure:
1. The tenant first must give written notice to the landlord citing the noncompliance and stating the intent to cancel the agreement if the noncompliance is not corrected.
2. Thereafter, the landlord has seven days to correct the noncompliance and resolve the problem.
3. If the noncomplliance is not corrected within seven days after delivery of the tenant's complaint to the landlord, the tenant is entitled to terminate the agreement.
In those cases in which a tenant does not desire to terminate his or her rental agreement but does want to correct a landlord's noncompliance, which is what it sounds like you want to do, the law provides alternative courses of procedure:
---If the Dwelling unit is not rendered untenable (uninhabitable) by the landlord's failure to comply, the tenant may remain in occupancy of the premises, and the law states that the rent may be reduced by a court in proportion to the loss in rental value caused by the failure to comply.
---If the dwelling unit is rendered untenable (uninhabitable) owing to the landlord's failure, the tenant may not be liable for the rent during the period the premises remain untenable, if the court agrees with the tenant's assertions.
So, what's that mean? If you want to stay in your apartment and you want your screens fixed, and kitchen cabinet replaced, then you will need to take your landlord to court citing his noncompliance and your wish to have your rent reduced accordingly. I would also ask the courts to require the landlord to reimburse you the reasonable cost of having a construction person to come out and do the work for the landlord. It may cost you less to fix the place yourself.
Or...try and cancel your contract and move into a suitable apartment.
These comments I've given are Florida Law, but I'd be willing to bet that something very very similar is active where you live also. But to find out...you'll have to contact an attorney where you live.
2006-06-09 20:37:32
·
answer #2
·
answered by realtyocala 1
·
0⤊
0⤋
If you've asked, the next step is to send a request in writing, with your next rent cheque. If that still doesn't get the response you want, check with City Hall where you live, and find out what the local regulations are. They vary from place to place, but in general, if the landlord won't do repairs, replace things or provide things that are necessary, sometimes you can do it and send the bill to the landlord, BUT CHECK THIS FIRST because it doesn't apply everywhere.
2006-06-09 19:54:00
·
answer #3
·
answered by old lady 7
·
0⤊
0⤋
First, send your request to her in writing, via certified mail. Second, check your local laws to see if you can withhold rent until the repairs have been made. I promise there are more laws protecting you than the landlord, so check out your cities website.
2006-06-09 19:47:41
·
answer #4
·
answered by nateb48 2
·
0⤊
0⤋
Call your local renters association. You can also put your rent into a trust fund until reapairs are fixed. You must provide a copy of the trust staement though to show you are still technically paying your rent. They just won't receive it until the repairs are done. Worst comes to worst call an attorney.
2006-06-09 19:47:43
·
answer #5
·
answered by ghostlover 2
·
0⤊
0⤋
I know of some people with this problem and they refused to pay the rent until it was fixed. Good Luck because landlords can be a pain in the butt.
2006-06-09 19:48:29
·
answer #6
·
answered by Shawty 1
·
0⤊
0⤋
Threaten to withhold rent till all promised repairs are completed.
2006-06-09 19:48:15
·
answer #7
·
answered by marytormeye 4
·
0⤊
0⤋
first talk to him/her then if all else fails call the board of health
2006-06-09 19:47:06
·
answer #8
·
answered by lizzy tish 2
·
0⤊
0⤋