How Long Does a Landlord Have to Fix Ac in Florida?
Florida summers are brutal. The humidity is so bad that it feels like you’re breathing underwater, and the temperatures often climb into the high 90s and even 100s. So when your air conditioning goes out, it feels like a major disaster.
But what are your rights as a tenant when your landlord doesn’t fix the AC? How long do they have to get it fixed? And what can you do if they don’t meet that deadline?
Read on to learn more about your rights as a tenant in Florida and How Long Does a Landlord Have to Fix Ac in Florida?
How Long Does a Landlord Have to Fix Ac in Florida?
As law states in Florida, Landlords are not required to provide a working air conditioner unless it is specified in the lease.
There are, however, certain situations in which a landlord must make repairs promptly:
- If the AC unit is not working and it is necessary to protect the tenant’s health and safety
- If the AC unit is not working and it is causing substantial damage to the property
In these cases, the landlord must make repairs within a reasonable time. What is considered “reasonable” will vary depending on the situation, but generally speaking, it should be within a few days?
But most of the time, it should be fixed in within 7 days. If it’s not an emergency repair, the landlord has up to 15 days to fix it.
Tenant’s Obligation to Maintain Dwelling Unit
Before you move into any rental property in Florida, you should always read the lease carefully. This will spell out your rights and obligations as a tenant, as well as the landlord.
In most cases, the lease will specify who is responsible for maintenance and repairs, such as air conditioning. If it’s not specified in the lease, then it’s generally assumed that the landlord is responsible.
However, even if the lease says that the landlord is responsible for repairs, you still have certain rights as a tenant. For example, you have the right to live in a safe and habitable home.
This means that the landlord must ensure that the property is in good condition and that all systems are working properly. If the AC unit is not working and causing problems with your health or the property, then the landlord is not meeting their obligations.
You also have the right to “quiet enjoyment” of the property. This means that you should be able to live in the rental without being disturbed by the landlord or other tenants.
However, it would help if you also were responsible for maintaining the property in a mannered way, such as:
- Comply with all laws that tenants must obey, like building codes, housing codes, and health codes.
- Keep that part of the premises which they occupy and use clean and sanitary.
- The tenant is responsible for removing all garbage from their dwelling unit in a clean and sanitary manner.
- Be reasonable when operating all the building’s electrical, plumbing, heating, cooling, and other appliances.
- You may not damage, deface, remove, or eliminate any of the landlord’s fixtures or property on the premises.
Landlord’s Obligations
- The tenant should not refuse to let the landlord come into the home to do inspections or repairs from time to time. This is reasonable and necessary.
- The landlord can enter the unit at any time for the protection of the property in case of emergency or with the tenant’s consent or tenant is absent for a long period of time.
- The landlord should not misuse the right to access nor use it to harass the tenant.
- Note: Read Landlord’s and Tenant’s obligation to maintain the dwelling unit: Click here
Defend Your Rights
According to state law, you must give the landlord written notice of the problem and allow a good 7 days to make repairs. If the landlord doesn’t make repairs promptly, you may have a few different options:
Withhold Rent: You can withhold rent if the landlord fails to make repairs in a timely manner. However, you must first give written notice of the problem and allow the landlord reasonable time to make repairs.
Repair & Deduct: You can make the repairs and deduct the cost from your rent. Again, you must first give written notice of the problem and allow the landlord reasonable time to make repairs.
Although it’s not a legal necessity, you should notify your landlord of the situation via certified letter to ensure delivery. Be specific about the problem in the letter and tell them you’ll end the rental agreement if they don’t resolve it.
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Conclusion
In Florida, the landlord has a legal obligation to fix any issue with the AC unit within 7 Days. If it is not an emergency, they can take up to 15 days. If they do not listen, the tenant has several options, including withholding rent or repairing and deducting from rent. You should always notify your landlord of any maintenance issues in writing so there is a paper trail.
