No water, no rent. Am I wrong?

There is a major leak in the house I am renting that started just before christmas. I was just informed today that it will take around 45 days for the landlords insurance to even LOOK at the problem. We have no running, or hot water and a 5 year old daughter. We have been without water for 2 weeks already. They have had the kitchen torn up for a week. we are without a working stove and have a hose in the garage as our only source of water. The landlord says it is not his responsibilty to find for us, or pay for a suitable place to live and that if we stay in the house we must continue to pay rent.

If anyone could offer any help with this issue I would greatly appreciate it.

[mazBut]

you are living in inhabitable conditions.
Send the landlord a notice in writing explaing all these things advising him to act reasonably in matter of rent.

There are laws about the LL's responsibility concerning habitability issues. Not having A/C in December as a previous poster complained would not fall under habitability. Having no water, no hot water, or the inability to cook is a habitability issue. You failed to post your state so I can't post the statute for you, but nearly all states have laws concerning the LL's obligations toward his tenant. Almost every state makes the LL responsible to provide the ability for basic utilities (water, electric, and heat) and a reasonable amount of hot water in each unit. Your LL is not meeting his obligations under these laws.

You should send him a written request for emergency repairs to be completed within 72 hours. Send it certified mail, return receipt requested, and keep a copy of this. If he fails to comply, you should call the city building inspector and the local health department and report the lack of water and inability to cook. They will cite him and force him to do repairs. You may also have the ability to rent withhold with the clerk of court, to repair and deduct (have the repair fixed yourself and deduct it from your rent), or to not pay rent at all because of the inhabittability of the unit. Please check your state laws before doing any of these remedies as not all remedies are legal in all states. Please let us know what happens in this situation. Landlords like this give all landlords a bad name.

The landlord says the repairs will not be started for atleast 2 months. He estimates it will be around $10,000.00 and says he does not have the money to pay out of pocket. He gave us 30 days to be out, or pay the rent. Florida law says that a reasonible amount of time for a repair of this magnitude is 30 days. I have not contacted Code Enforcement because I believe they will tell us we can't live here, and we do not have money saved up for a security deposit somewhere else.

Violations according to Florida Statues:

6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair, and should be safe.
7. The house or apartment must have hot water, which is connected to the
kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flush toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.

What is wrong with the world? It is rediculous for my landlord to ask me to wash my 4 year old in a laundry sink, in a garage in 40 degree weather. Am i wrong?

You are not wrong. No one should have to live without water, the ability to cook, or no heat in their units. You may want to check FL security deposit statutes, FL Statute 83.49 and 83.43 (12), to see if there is any special expedited return of deposits in case of uninhabitability of their unit. Some states say they must refund your deposit very early if your unit becomes uninhabitable. If this is the case, call code enforecment or petition the court to have the unit declared so. Your deposit would be returned within 7-10 day enabling you to have a deposit for a new unit. You should owe the LL no rent for the time the unit is in this condition and should write him a letter asking for a refund if you have already paid the rent. I'm sorry this LL has treated you so badly.

You may also want to contact HUD or the Housing Authority in your area (it may fall under Family Services) to ask for emergency housing or some emergency assistance because of these special circumstances. I hope you are in a better house soon.