Florida Commercial Landlord Tenant Law Air Conditioning

Florida Commercial Landlord Tenant Law Air Conditioning – A landlord’s liability under a residential rental agreement rests under a doctrine known as the implied warranty of habitability. Each state has its own laws that define the scope of the doctrine, but the overall purpose is to guarantee that the rental unit is — at a minimum — in a condition suitable for habitation (“habitable”). Livable means safe, clean and secure. Livable does not mean comfortable or luxurious.

In some areas, such as Arizona and Dallas, the implied warranty includes the right to air conditioning. And some tenants may require disability accommodations including operational air conditioning. But for the most part, air conditioning is considered a convenience, rather than a necessary condition of habitability. In other words, most state landlord-tenant laws do not require landlords to provide air conditioning.

Florida Commercial Landlord Tenant Law Air Conditioning

Florida Commercial Landlord Tenant Law Air Conditioning

Florida law is not unusual in the sense that they do not mandate air conditioning as part of habitability (oddly enough, heating is required). Miami Dade County Bans Minimum Housing Standards. Owners must keep their rental units in good structural condition; provide adequate plumbing, hot water, lighting and ventilation; and providing adequate and safe space heating, among others. Air conditioning is not listed anywhere in the Standard owner responsibilities section. Other populous counties, such as Broward County, Duval County and Hillsborough County do not prohibit landlords from installing or repairing air conditioners. But other county or city laws may change these rules.

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Fortunately, many landlords in Florida and across the United States choose to offer air conditioning as a rental amenity. When the air conditioner serves as a rental fixture, the landlord is responsible for making sure the unit is working. Some states allow tenants to withhold rent if the air conditioning unit is not working; others allow the tenant to repair the unit themselves and deduct the cost from the rent.

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Florida Commercial Landlord Tenant Law Air Conditioning

When the air conditioner is damaged due to the negligence of the tenant or his guests, the tenant is responsible for repairing (or replacing) the unit at his expense. When the air conditioner breaks down due to wear and tear or causes beyond the tenant’s control, the landlord is responsible for repairing (or replacing) the unit at their expense. Once the tenant informs the landlord of the issue, the landlord has a certain period of time (stated in the lease or by statute) to address the issue.

Landlords are free to structure the lease in a way that relieves them of the obligation to replace the air conditioning system if it breaks down. If you are given a lease with this language – or if air conditioning is not mentioned in the lease at all – you may be responsible for keeping the unit (if any) working and/or getting it serviced. No one should have to suffer through the Florida heat without air conditioning. Make sure you know your rights before you move in and contact us if your landlord is not fulfilling his obligations under your lease.

Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

Eric P. Gros-Dubois founded EPGD Business Law in 2013 and is the leader of the firm’s corporate, estate planning and tax practice, as well as managing the firm’s Washington DC office. With a JD and MBA, specializing in finance, Eric is able to step back and view the legal world through a commercial lens while acting as a trusted business advisor to his clients. He strives to be solution oriented, and tries to think like a business owner, not just a lawyer.

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Florida Commercial Landlord Tenant Law Air Conditioning

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Those currently being analyzed and not yet categorized are other uncategorized cookies. Lys Joseph has been without air conditioning in her West Palm Beach apartment for almost a month. She worries that the hot apartment is dangerous for her family and her 6-month-old granddaughter.

WEST PALM BEACH, Fla. — Every morning for the past three and a half weeks, prop Lys Joseph has opened the front door of his West Palm Beach apartment.

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Florida Commercial Landlord Tenant Law Air Conditioning

“They told me they couldn’t find the piece they needed to put in the AC,” the security guard said. “They said everywhere, they couldn’t find it.”

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“That’s why we want to tell them it’s serious,” Joseph said. “They have to do something.”

Florida Commercial Landlord Tenant Law Air Conditioning

Contact 5 asked the Palms West Apartment complex why it was taking so long to help the Joseph family. Office workers would not comment.

“Someone on my staff brought it up a few years ago, and I almost fell off my chair,” said State Representative Michael Grieco. “Whether you’re a climate change denier or not, it’s hot. It’s Florida.”

Florida Commercial Landlord Tenant Law Air Conditioning

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He introduced a bill to force landlords to provide air conditioning as part of a standard lease.

“There’s always been organized pushback, because it puts a lot of pressure on apartment complexes and things like that,” Grieco said.

Florida Commercial Landlord Tenant Law Air Conditioning

State Representative Michael Grieco wants to require landlords to provide and maintain air conditioners under Florida law.

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“As a person, you rent a place to live better,” said Joseph, who went to court asking him to pay the rent into an escrow account.

Florida Commercial Landlord Tenant Law Air Conditioning

If the judge rules in his favor, the rent money will remain in custody, until the matter is resolved to the satisfaction of the court, or the money should be given to the landlord or tenant.

Grieco is not seeking re-election but hopes someone will favor mandating air conditioning in Florida’s upcoming legislative session.

Florida Commercial Landlord Tenant Law Air Conditioning

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Landlord-tenant lawyers say tenants should ask for air conditioning maintenance to be added to their lease before they sign.

Although landlords are not required by Florida law to provide or maintain air conditioning, here are some items they should: Living in South Florida, we all value our air conditioning. There is no way to live without it, especially during the brutal summer. A central AC unit is now a must-have appliance in any rental large enough to accommodate it.

Florida Commercial Landlord Tenant Law Air Conditioning

But who is responsible for maintaining this equipment? What

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