FL Lease - Does it override state law?

[NotSureWhatToDo]

Issue 1:
We live in FL. Our apartment hasn't been updated for over 60 years and is badly in need of repair. The grout holding the tiles together on the floor has completely worn away, there is paint peeling and a host of other normal issues that happens as a building ages.

Our landlord claims that, per our lease, we are responsible to "maintain the premises in a sightly, clean and sanitary condition" and to "comply with all applicable governmental and state agencies" with regard to code violations. There are numerous code violations outstanding on the building, including those items along with other things that are outside our individual unit.

Are we responsible to fix all the issues of the problem? We have never used the apartment in anything other than a nomal manner and are considering it normal wear and tear. The landlord, on the other hand, wants us to make the repairs along with bringing our unit up to code by the deadline given to him in court. Is that really what "maintain" and "comply" means?

Issue #2:
Now that we know our landlord uses the lease as the Word of God and interprets every single nuance of it, we noticed in one part of the lease that any damage caused by OTHER than normal wear and tear will be our responsibility. Elsewhere, he writes that any damaged caused BY normal wear and tear, he will not replace or repair. Is that legal?

Issue #3:
We also noticed that in one subsection of the lease it states that should any appliance - such as heat, air conditioning or otherwise - break, whether through normal or abnormal use, the landlord will not fix it and it is the tenant's responsibility to repair. As per Florida (and I think most state's) Statutes, a landlord is required to provide working air/heat, plumbing, and rid the premises for vermin (roaches, rats, etc), along with a few other things I can't recall. By signing the lease, are we agreeing to waive our right as given by state law, or is that clause invalid?

Thanks!
Desperate in Miami

[AFFA]

I wish to inform you that if any clause in the lease is against the laws of the State of Florida then it is considered as void. It is the duty of the landlord to keep the premises habitable and provide equipment which is in working condition. The landlord is supposed to upkeep and maintain the building as per the Codes. If there is any break up or damage to the premises which is beyond normal wear and tear then you are responsible for it as a tenant. In case of any damage, the amount of depreciation will be deducted from the damages estimated.

AFF

[NotSureWhatToDo]

Thank you. Is it possible to let me know where to look for this issue in the Florida Statutes, or other law? We are trying to prove this in court and it would help to have the legal terminology and statute location to back this up.

[Friend In Court]

Florida Statutes Title 6, Chapter 83 are online through the state's website as well as other places. There are sample standard Florida leases online as well which you can compare with yours.

When it comes to repair of capital equipment, air conditioners, appliances, heating/cooling systems -- these are the responsibility of the landlord, not the tenant.

There is also the Division of Consumer Services in Florida which has information for the tenant online and where you can also lodge a complaint. As well as with the local building department. In Miami there are several tenant organizations as well which can give you some practical help and support with this slum landlord.

Any provisions that are illegal are also unenforceable. And God is mentioned nowhere in a standard Florida lease. From what you describe, He would want no part of this place, either.

[NotSureWhatToDo]

Thank you so much. My biggest question is, because we did sign the lease (perhaps when the Landlord seemed more normal and decent so many years ago), do we have a right to bring this illegal clause to court? Or did we waive that right by signing the lease?

[Friend In Court]

Clauses that are illegal or that you disagree with you do not have to abide by. Let the landlord try to enforce them. Until then, I would ignore them. I, too, have some clauses in my lease that do not fly under Florida's residential tenancy act. The landlord knows I know they are illegal and I doubt he will at any time intend to enforce them. As long as I am content where I am, he takes good care of the building, which he does, I have no grievances. And he knows that I know he has no right to enforce portions of the lease that are illegal.

Your issues with maintenance of the building,who deals with code violations, etc. are the important ones. Since he has a court order to bring the building up to code, should he not do so by the deadline, he risks having the building stickered for code violations.

You need to let him know it is his responsibility to make the needed repairs to bring it up to code and if he does not, you will look to him to pay your moving expenses.

[jtgalloway]

Section 83.51, Florida Statutes
Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shalla) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.
The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

This section of the statutes continues for dwellings other than single-family or duplexes, if necessary. If this is the case, look at 83.51(2).