Stupid Landlord..need legal advise HHHEEELLLPP?

Question

My appartment in going to the birds, ever since i moved in its been one thing after another. The hot water tank busted, the racks in the closet fell, the washer and dryer werent working properly, the sink in the kitchen "fell out" cause it was not properly installed, and now ever since they installed a new garbage disposal in the sink, i have very very slow drainage. it was slow before, but its worse now. I turn it on and it shoots water in the air on the other side. Also the "new" thermostat that installed, 2 months ago is not working. The dishwasher is not bolted into the counters so it falls out if you dont hold it while loading, and its getting a lil cold in here cause the "new" thermostat isnt installed right. I know this is florida but it gets cold here sometimes. I've only told him over and over about it but obviously nothing is getting done. what should i do??

Answer 1

I also live in Florida, and while I agree with all the negatives posted by another answerer, it remains that, no matter WHERE you live, you are protected by virtue of a lease (which I hope you have, otherwise you are pretty likely S.O.L.). A lease is a contract between you and a landlord/owner, whereby YOU pay a certain amount of $$$ every month, and HE agrees to provide you with safe, habitable housing in exchange for that $$$. This landlord obviously thinks that your monthly rent is a gift of some kind, for which he has no obligation to provide you with basics such as working appliances and heat. HE IS WRONG. You have several optioons - and all of them start with documenting the situation. Take pictures of EVERYTHING, lots of photos. Send your landlord a letter - make sure you send it certified, return-receipt requested (costs less than $2.00 and is worth every penny), advising him of all the things in the apartment that are broken/inoperable/in need of repair and/or replacement. Give the landlord a reasonable period of time to fix everything. 30 days is standard. If, after the 30 days, the things are not fixed, you can do one of two things: you can fix the things yourself (or have a repairperson come in to fix them, but you will have to pay that person with your own money), and then deduct the cost of these repairs from your rent (make sure you save every single receipt)....OR....you can leave everything in its current condition and take the landlord to Court, for violating the lease by taking your money every month but not providing you with a livable apartment in exchange. If you start to withhold your rent (as a means of trying to pressure the landlord), you MUST put the funds into an "escrow" bank account (you can't just not pay rent), which the court will decide the disbursement of, once a ruling has been made.

No matter which route you decide to take, remember two things: you DO have rights as a tenant, and you MUST document EVERYTHING. Good luck.

Answer 2

Each state has its own set of tenant laws. Which tells what rights the tenant has or doesn't have. If all of the problems are cosmetic, usually there is no recourse (no way you can sue) however, if Heat, water, lights and the normal appliances that go with the apartment, and are listed in the lease, and are unuseable (like the kitchen sink) you have grounds for a lawsuit. During the time that you are in litagation, you do not have to pay rent. However, the judge can order to pay the rent fully at the time the repairs are made, so keep the money in a saving account, and have proof that it is there on the day you go to court. I would seriously call an attorney in your area, and tell him everything that you have said here. And ask for his advice on what exactly to do... You dont need to be in the wrong as much as your landlord is.

Answer 3

Call the city inspector to come in and inspect the property so that they can document the items that are wrong or against code.

Most towns/cities have definite laws about renting out apartments and the landlord needs to have a co or certificate of compliance from the town/city in order to rent to someone.

Take photos of everything you say is wrong make copies of the photos and along with a letter send them certified mail to your landlord expressing your sincere and definite desire to get these items rectified by him and include a list of your repeated attempts to do so.

Check with the state laws and see if your tenant rights are being negatively affected and if it is legal to hold back your rent until such items are repaired................make sure you check first and see if you can legally hold back the rent for such items.

The things you list are not minor the sink falling out, furnace not working those seem really quite major to me.

Once you have done the above work then you could notify him (if he doesn't fix it) that you will be having all the items repaired and will produce receipts for reimbursement when you pay the rent and then you minus your expenses for the repairs and send him what is left plus a copy of those receipts........that is if you have to or want to stay there.

Good Luck

Answer 4

You can file a complaint against the landlord for renting an apartment he knew wasnt considered livable with broken appliances and not keeping the heat/AC working if it's central. The landlord can be fined heavily from the city for renting an apartment that's not even livable. You need to get a hold of your rights as a tenant and what your provisions are for taking action against a slum lord.

Answer 5

You should ALWAYS have your own renters insurance!

If you don't... Your apartment will only be fixed when or if the owner decides it is necessary and even if you went to all of the expense and time and trouble of taking him to court to make him fix the damage, He can still evict you and he can still take up to a year to get the things done. If they are minor but annoying repairs... Good luck!

I'd move! It's just not worth it. If you can't. Im sorry, welcome to Florida! This entire state is set up to defend and protect those in control and totally crap on the little guy. Right to work state, non Union state, no fault driving state... It sucks!

Answer 6

What you do is stop complaining to the landlord and start complaining to the housing authorities.

Find out who handles housing complaints (building inspector, housing inspector, health dept, etc) and call them up and tell them your landlord won't make necessary repairs. They will set up an inspection and write up the violations when they get there.

Your landlord will be forced to make the repairs, and your place will be reinspected after he does.

Answer 7

Find your local Renter's Advocate Association. My brother had to do that for a landlord that was harassing him and his family. I would see if the nearest college campus has one (they are often set up for the students but are for the community) - or call the Better Business Bureau maybe and see if they can refer you..or the easy way (haha) is to just google it. GOOD LUCK!

Answer 8

Move out.