landlord/tenant issue

I am going to be moving at the end of the month because of the fact that the landlord refuses to get things fixed around here in a timely manner because of "no money." The final straw came when the A/C in my apt broke due to the fact that the lawn man that they hired used a weed whacker and cut through the wires that lead to the outside unit. I live in Florida where it gets hotter than anything and I put in my window unit that I have handy when something like this happens because we have to have A/C. The maint man came and looked at the unit and re-spliced the wires but they did not work. He took the unit apart and found that there was a part in there that fried when the wires were cut. The apt manager came and looked at it and said that they will fix it when they get the money to do so. She also said that I have to take down the window unit because it might fall on someone. I told her that it will not because it is in there securely with brackets and extensions. She said to take it down or I will have someone do it for you.

Can she legally do that? I mean, what does she expect me to do? Sweat in here? It's not my fault that the A/C wires got cut and that they do not have the moey to fix it!

First, if you have a lease, do not move out at the end of the month. You are in FL which is not tenant friendly at all. If you move out before you have done the following procedures, they can simply leave your unit empty and hold you responsible for the rent until the end of your lease. (That's written into FL law.) Before you leave, you need to do this:

Send a written letter to management or the LL stating that the A/C unit was damaged by their lawn crew on xx/xx date and that it has yet to be fixed. State that you want it repaired within the next 10 days and that they need to contact you to let you know when the repair person will arrive. Send it to them by certified mail, return receipt requested. Keep a copy of the letter and the post card that will come back to you. If they do not repair, look up FL Statute 83.60 on rent withholding and try doing that (follow the procedure exactly be depositing your rent with the clerk of court). The LL cannot evict you since your rent is being held by the court. Also, look up LL obligations under LL-Tenant law for your state. (In northern states they would have up to 30 days to repair, but souithern states may have much shorter time periods.) Also, call HUD in your area and ask about case law for repair and deduct. While no state law exists, case law may exist to allow you to have the unit repaired and deduct the repair costs from your rent. You need to do the above documentation to prove that the LL neglected to repair before you can terminate a lease.

Next, have a licensed contractor or HVAC guy come and inspect the window unit and write a letter that it is secure in the window. Have him add any additional securing straps or brackets necessary. Send a copy of the verification from the contractor to management to prove the unit cannot fall. They cannot enter the unit without giving you 12 hours advance notice and I would think that you could sue them if they removed your window unit. It is your personal property and they should not touch it.

Originally Posted by Unregistered

First, if you have a lease, do not move out at the end of the month. You are in FL which is not tenant friendly at all. If you move out before you have done the following procedures, they can simply leave your unit empty and hold you responsible for the rent until the end of your lease. (That's written into FL law.) Before you leave, you need to do this:

Send a written letter to management or the LL stating that the A/C unit was damaged by their lawn crew on xx/xx date and that it has yet to be fixed. State that you want it repaired within the next 10 days and that they need to contact you to let you know when the repair person will arrive. Send it to them by certified mail, return receipt requested. Keep a copy of the letter and the post card that will come back to you. If they do not repair, look up FL Statute 83.60 on rent withholding and try doing that (follow the procedure exactly be depositing your rent with the clerk of court). The LL cannot evict you since your rent is being held by the court. Also, look up LL obligations under LL-Tenant law for your state. (In northern states they would have up to 30 days to repair, but souithern states may have much shorter time periods.) Also, call HUD in your area and ask about case law for repair and deduct. While no state law exists, case law may exist to allow you to have the unit repaired and deduct the repair costs from your rent. You need to do the above documentation to prove that the LL neglected to repair before you can terminate a lease.

Next, have a licensed contractor or HVAC guy come and inspect the window unit and write a letter that it is secure in the window. Have him add any additional securing straps or brackets necessary. Send a copy of the verification from the contractor to management to prove the unit cannot fall. They cannot enter the unit without giving you 12 hours advance notice and I would think that you could sue them if they removed your window unit. It is your personal property and they should not touch it.

thanks. my lease is up at the end of October anyway and I am moving in with my mom because she needs my help some.