Am I still legally required to pay my full rent if my apartment was in ned of repairs?

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Am I still legally required to pay my full rent if my apartment was in ned of repairs?

About 5 weeks ago I had water leaks in my kitchen;it took a 3 days for the “manager/handyman” to come fix it. The next day the wood laminate was bubbling up since water got under it. It’s a very small 1 bedroom so it ruined most of the flooring in the livingroom and my bedroom doorway. I called him about it and almost 2 weeks later he came to rip it up and said a carpet company would be out in a couple days. Almost 4 days later they showed but said the space wasn’t ready so they rescheduled. By then I will have been living 2 weeks with no flooring yet I’m being hounded for my full rent.

Asked on February 8, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can certainly understand how you feel and you wish to have a rent "abatement" for the inconvenience . But what you should really do right now is go down to court and start a proceeding where you file a complaint about the condition and the breach of warranty of habitability and ask the court to allow you to pay your rent in to court pending the hearing and determination.  Once you pay it in to court you can ask for money back.  If you withhold it you are in breach of the lease.  If the judge orders it you are golden. Good luck.


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