What are my rights as a commercial tenant in Florida in terms of property maintenance and repairs?
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As a commercial tenant in Florida, you have certain rights in terms of property maintenance and repairs. Under Florida law, the landlord has a duty to maintain the premises in a reasonably safe and habitable condition. This duty includes the responsibility for the maintenance and repair of the property, including the building structure, plumbing, heating and air conditioning systems, electrical systems, and other fixtures.
If there are maintenance or repair issues that need to be addressed, your first step is to notify your landlord in writing about the problem. The notice should describe the issue in detail and request that the landlord repair it within a reasonable time. If the landlord fails to repair the issue after receiving notice, you may have options for legal action.
Under Florida law, if the landlord fails to maintain the premises, the tenant can pursue one of the following remedies:
- rent withholding
- lease termination
- repair and deduct
- sue for damages
Rent withholding is when the tenant withholds rent if the landlord does not make necessary repairs within a reasonable period of time after receiving notice. To do this, the tenant must give written notice to the landlord, stating the specific problem and the tenant's intention to withhold rent if the problem is not repaired within a reasonable time.
Lease termination is when the tenant terminates the lease due to the landlord's failure to repair or maintain the premises. To do this, the tenant must give written notice to the landlord stating the reason for the termination and the date by which the tenant will move out.
Repair and deduct is when the tenant repairs a problem and deducts the cost of repair from the rent. To do this, the tenant must give written notice to the landlord stating the specific problem and the tenant's intention to make the repair and deduct the cost from the rent.
Finally, the tenant can sue the landlord for damages resulting from the landlord's failure to maintain the premises. To do this, the tenant should consult with an experienced attorney.
It is important to note that there may be certain exceptions or limitations to these remedies. For example, the tenant cannot withhold rent if the problem was caused by the tenant's own negligence or misuse. Additionally, tenants should act reasonably and use good judgment when pursuing these remedies.
If you are a commercial tenant in Florida and have maintenance or repair issues, it is important to consult with an experienced attorney who can provide guidance on how to pursue your legal rights.
