If your commercial landlord is refusing to make necessary repairs to your rented property in Florida, you do have legal options.
First, you should review your lease agreement to determine if the landlord is required to make repairs or provide maintenance as part of their duties. If the lease includes such obligations and the landlord is not fulfilling them, you can take the following actions:
- Notify the landlord of the necessary repairs in writing and request that they be made within a reasonable time frame. Be sure to keep a copy of the written notice for your records.
- If the landlord fails to make the repairs within a reasonable time frame, you may have the right to withhold rent until the repairs are made. However, it is important to follow the proper procedures for rent withholding in Florida, which include giving the landlord written notice of the defect and the intention to withhold rent, and placing the withheld rent in an escrow account.
- If the landlord still does not make the repairs after you have provided notice and withheld rent, you may be able to terminate the lease agreement and seek damages for breach of contract.
- You can also request an inspection of the rented property by a state or local code enforcement officer to determine if there are any violations that the landlord is obligated to correct.
It is important to note that Florida law dictates that commercial landlords have wider flexibility when it comes to maintaining and repairing property, as compared to residential leases which have robust maintenance and repair requirements protecting tenants. Additionally, some exclusions may be apparent from the lease agreement that you have signed, and it is imperative to read the lease agreement closely. In any of these situations, it is advisable to consult with a licensed attorney who can advise you on the specific facts and circumstances of your case and provide you with guidance on how best to proceed.
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