How long does my landlord have to fix my hot water heater in Florida? Can I withhold rent if he chooses not to fix it?
2 attorney answers
I agree with my colleague; if you withhold rent, you will likely be served with an eviction Complaint (not good for you, win or lose). Water heater replacement can be problematic, as it typically requires a permit, a plumbing contractor, and perhaps even a licensed electrician.
In any event, if your rent is paid IN FULL, and is up to date, you can send the landlord a so-called “7-day notice” pursuant to Section 83.56 Florida Statutes, demanding the water heater be up and running in that time, or that you TERMINATE the lease - and if the landlord doesn’t complete the repairs in that time, you can terminate your lease and move out on day 8, even sue the landlord if you wish. You have to be ready to move though, there’s no bluffing here, as the Landlord doesn’t actually have to fix a thing. But this way you can satisfy your need for hot water by moving in about a week.
Consult a good local tenants lawyer for a more thorough explanation.
Hope this helps.
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7 days from the time you serve a proper notice under Fla. Stat. 83.56 and NO you cannot withold rent.
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