Can a tenant break a lease for this?

Question

Hello BP,

I'm curious if a tenant in Florida can break a lease due to an A/C not being repaired.

Firstly, I am the tenant, and have been having some problems with maintenance. I haven't exactly been a nuisance about it but I have been wanting to break my lease here anyways and I'm curious if this is a reason to legally do so and not lose my security deposit.

So to give a brief background, we've had horrible experiences with anything maintenance related and anything done has been a hackjob. For the area we live in and the price we pay, it hasn't been acceptable.

In November she sent an A/C technician after weeks of telling her about an issue. The A/C has been operating poorly and leaking A LOT inside the house. I first noticed this because my ceiling was dripping water and the sheetrock began to crack. The technician serviced it and immediately told me that he is going to tell the property manager that the compressor needs to be replaced. That's where it was left at.

From then on, all of our conversations have been via text message, so I'm not sure if that is "legal" or not but here is how our basic conversations went:

On December 1st 2015,

Me: Good morning, just so you know, the AC is still leaking. It's creating huge puddles on the floor and about to start going through the ceiling again.

PM: uhhh, let me send someone

No one was sent.

January 1, 2016

Me: Hey, just wanted to let you know the A/C has still been leaking. I have a bucket catching the water now and have been watching it

PM: Ok, let me send Juan

Me: Okay well we aren't home at the moment so let me know before he's going by please

PM: Ok

Once again, NO ONE was sent.

March 6, 2016

ME: Hi, our A/C is not working.

PM: Ok, I will send someone.

have you guessed yet?... I still have yet to see anyone to fix this.

At first it wasn't a huge deal because it worked "okay" but leaked a lot, and winter time in Miami I can just open my windows and its nice enough. Well now the A/C no longer leaks, but it also does not work whatsoever, and its getting warmer and warmer fast.

I don't want to cause a huge fuss and b*tch her out or be a headache tenant. I want to approach this by basically saying, "Hey, you aren't upholding your responsibilities, I'm using this last month for my last month's rent, I'll be out in 30 days and I expect my security deposit returned."

Is this possible? Regardless of the A/C being fixed, I want to move and break the lease. Any info or resources to info is appreciated!

Thank you!!

Tracy D. · Answer

I am a Florida landlord. I just evicted a tenant for withholding rent. If you are going to do it, deposit the rent in the court registry. If you break your lease, you may find you owe the entirety of the rest of your lease and forfeit your security deposit. Read your lease for guidance or speak to a local attorney. Also..... Read the Florida Landlord tenant law. A Florida landlord is required to provide heat. Ac is not required by Florida state law. But there is a requirement to maintain the property. Another recommendation...... If the property manager is not the owner, try contacting the owner. Not by text message. Text messages are easily forgotten. Send your requests by certified mail and CALL them. If a tenant texts me about something when im busy, i may not remember. Call or send a letter..... Or both. This is not legal advice. I am not an attorney. But these are my best recommendations based on my own experiences.

Greg H. · Answer

It appears that Florida law is similar to Texas law regarding withholding of rent in that specific notice of intent to withhold has to be given and the issue must effect the habitability or safety of the dwelling. In Texas, an air conditioner repair generally does not fall under this category. It does appear that in Florida you must deposit the funds in a specific accountBefore I would incur legal fees, I would see if there is a local non profit Tenants Councel in your area that offer advice

Matthew Kreitzer · Answer

Call your attorney. End of analysis. This is a legal question, and should only be answered by a licensed attorney in the state of Florida. Whether or not such a condition would allow for constructive eviction or an excuse of non performance depends entirely on local case law. Find help soon.

Joshua Pavao · Answer

Tracy D. a part of me is just hoping that I can break the lease and be done with the place. Sort of thought this would help my case but I may very well be wrong! I'm sure if I was enough of a pain in the a$$ and contacting the PM, that it would get fixed. I was merely hoping the negligence would get me out.

Shawn Thom · Answer

I think the angle you need to work is the water dripping and not the AC. Water leaking from the ceiling would be more of a health issue than no AC. Discuss that angle with an attorney. One suggestion is to look up legal shield online. You can get prepaid legal for less than $20month. You can cancel when u r done. I do that often.

Brie Schmidt · Answer

Check your lease, in my area you can withhold rent until it is repaired

Joshua Pavao · Answer

@James DeRoest Thank you for that.Also thank you everyone else for your responses. I will consult legal advice in my own state and see where it goes!

James DeRoest · Answer

Florida Bar

James DeRoest · Answer

I can't rememeber the exact specifics but I think you can, but you need to start sending certified letters for a couple of months and then withhold a portion. Any eviction/judgement judge will ask why you withheld rent, at which point you can show certified letters being sent. At that point, the landlords case is in trouble.Tenants forget to send certified letters with their complaints and so the complaint is thrown out.I remember this from a lecture that I attended from our local judge who does evictions, but the specific legal framework I'd have to ask my wife who isn't around at the moment. There are legal recourses in Florida.

John Thedford · Answer

I suggest contacting the landlord and possibly sending pictures. No landlord that cared about their property would let this continue. The cost to cure now is certainly less than letting it destroy all the drywall in the bathroom, needint a new compressor, etc. As far as breaking the lease, get legal advice.