In Pinellas county Florida is a landlord responsible to repair a broken AC unit?

Question

I live in Pinellas county Florida, I am renting a condo from the owner. Our AC unit has stopped working, the landlord sent out a repairman who informed us it could not be fixed simply with free-on as the landlord requested, and it needs a new unit. The owner told us, the renters, he cannot afford to put in a new unit. It has been 2 days, 2 nights, it is 86 degrees inside and very uncomfortable and not healthy for our 2 dogs with very thick fur.

What are the legal responsibilities to the landlord? Isn't this in breach of our lease agreement if he does not fix this? We need to know what to do..

Thanks

Answer 1

It depends on whether or not your lease specifically indicates that AC is part of the rental agreement.  If it does not indicate thusly, AC is considered 'an amenity', and the landlord is not required to repair it.

AC is not considered an item of necessity for habitability.  You might want to consider one or two inexpensive window AC units to 'tide you over' until you find a different place to rent.

Answer 2

If you rented the apartment with A/C and it is broken, the landlord is responsible for fixing it.  Especially in Florida where it gets very hot this time of year.  I can't believe that he just said he can't afford to fix it, he has to fix it.  Your apartment can become uninhabitable, that is against the law.  I don't think anyone living in Florida would rent an apartment without an air conditioner.  Call the health department, call code enforcement, and possibly take him to court.  Maybe inform him that you are going to take these steps.  The nerve of him!

Answer 3

You hit the nail on the head: the lease agreement is the controlling guide for what the landlord has to do. If he fails to do that, he is in breach of the agreement.

First, make sure that the lease states that the landlord shall make reasonable repairs on HVAC systems. Next, as he would then be in breach, you have the right to terminate the lease at your option, and can just move to a cooler place.

Finally, you would have the right to sue him in a civil action to recover any damages, like - for instance - your hotel bill for the time you stayed at a hotel until he fixed the AC at your place....

Good luck!

-Stuart