I live in Orlando, FL and we started renting a house in Mar 06. Our original mgmt company was sold to another firm. We had put in a repair request with the first one before they were sold. To make a long story short the new firm never received the repair request so I put in another one on Nov 2 2006. It took the maintenance company 7 weeks to come out (Dec 21) to inspect the problems we had with the shower tile and windows. It then took them another month (Jan 18..11 wks after request) to come out to fix just the shower tile. They then said they would have to get a window company to fix the problem. The window company then said it would be another 3 weeks before they can come out (Feb 12, 15 wks after request). Now the mgmt company said they are sending me a certified letter but will not tell me what it is. Our lease is up Mar 1 so I think it is a letter of non-renewal. This is the only issue the mgmt company has had with us. Can this non-renweal of lease be considered retaliation?
2007-02-02 01:49:26 · 6 answers · asked by ashesforadam 1 in Business & Finance ➔ Renting & Real Estate
Non-renewal because of repair requests can be considered retaliatory action by Florida's statutes, yes. You could get a landlord/tenant dispute attorney if it is a letter of non-renewal, but if I were in your shoes I'd probably just move because of the length of time the office is taking to make repairs. It could also be a letter stating that your renewal period is coming up, would you like to renew? Florida requries this to be sent certified mail I'm pretty sure, and I thought they were required to begin the renewal or non-renewal process 60 days or earlier. Following are a few links for you.
2007-02-02 02:02:01 · answer #1 · answered by sovereign_carrie 5 · 0⤊ 0⤋
I'm not sure about your rental laws in Florida, but here in Manitoba, you should have recieved yur renewal papers ages ago for a February 28 lease end date.
Your best bet is to wait and see what the letter is. It could any number of things especially since your rental property is under new management.
It could be:
- a new lease agreement under the new company’s letterhead
- a claim for damages if the company believes that you were responsible for some of the repairs done in your house
- a notification of new rules
- a notice of rent increase
Stop eating yourself up over this.
Also understand that the type of repairs you requested were non-emergency and things like water leaks or appliance repairs are more urgent and receive priority attention.
The company would probably not be able to non-renew because of repairs requests unless the damage has been caused by your continued negligence. If you often pay your rent late or cause other problems, the repairs requests could have been “the last straw” which would cause a non-renewal.
2007-02-02 02:24:25 · answer #2 · answered by babypocket2005 4 · 0⤊ 0⤋
I agree that you'd have the burden to prove the landlord's refusal to renew the lease was directly associated to your requests. In my state the landlord need not provide a reason for termination of the lease - nor does the tenant so long as they comply with required time periods for notice.
In reading the Florida statutes provided by another responder, I didn't see anything regarding retaliation, but it DOES specify that a one year lease requires a minimum of 60 days notice. On that basis you may have a cause to argue the termination notice invalid - though there may be other factors such as the length of time your lease would extend in the absence of proper notice...
Like others, I am curious why you'd insist on renewing a lease when you're obviously getting poor service though....
Good luck!
2007-02-03 11:47:22 · answer #3 · answered by njc_flhtc 4 · 0⤊ 0⤋
I don't think this is retaliation. This is a new owner and they may not have planned to use the building in the same way. In fact, I don't think they have to renew your lease no matter what the reason. They can't kick you out without reason, but your lease is up. Just as you can terminate for any reason, so can they. Although, I think they have to give something like 2-3 months notice of non-renewal, just as you would if you were the one choosing to not renew.
2007-02-02 02:09:27 · answer #4 · answered by rosekm 3 · 0⤊ 0⤋
definite! The foreclosures would not supply a tenant criminal grounds to interrupt the hire. A foreclosures would not void a hire to any extent further & tenants are secure by way of federal regulation. at first, a foreclosures can take months to years to be accomplished & for the financial corporation to take possession. 2nd of all, the landlord has of undertaking to maintain the valuables until the foreclosures is accomplished & the financial corporation does take possession. final of all, the landlord DOES nonetheless very own the valuables until the financial corporation takes possession & any preexisting tenants are required to pay them the hire until that day. If any tenant up & leaves or stops paying hire during the foreclosures technique the landlord has each right to evict and/or sue them.
2016-12-13 07:01:49 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Well I suppose that they would not be able to do this but the burden is on you to prove this is why. I doubt they will put that in writing. There are no laws to my knowledge that they have to re new your lease. All the have to say is they want it vacant because it is time to renovate and your out.
Good luck
2007-02-02 03:28:03 · answer #6 · answered by frankie b 5 · 1⤊ 0⤋