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Does tenants have responsibilities to mitigate damages?

Fort Myers, FL |

Tenants offered to repair wiring in exchange of deduction of rent. Landlord already hired repairman and refused. Tenants are not contacting repairman and refused repairman to enter. Tenants stopped paying rents.

Does tenants have responsibilities to mitigate damages (by fixing problem), when they claim they are capable of such repair?


Attorney Answers 1


The lease governs repair responsibilities and usually it is that of the Landlord. If the lease states the Landlord if responsible for repair, Tenant can't hinder that process as that is also a violation of lease. Furthermore, the Tenant can't withhold or offset rent under most circumstances in the State of Florida as this will result in eviction. Unless bilaterally agreed by Landlord and Tenant, the latter can't offset rent against repairs.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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