What to do if my landlord is taking days to fix our refrigerator while our food spoils?

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What to do if my landlord is taking days to fix our refrigerator while our food spoils?

I have had numerous emails with my landlord dor about 6 weeks. She has sent someone out 3 times to fix the issue. The temporary fix has lasted 3 times and we are now being told to wait until Thursday. She has also not kept up with other parts of the lease. Can I get out of it?

Asked on May 1, 2012 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

I think what you really want to do here is to get out of your lease, correct?  What it sounds like here is that the landlord has breached the warranty of habitability in that services to be provided- like refrigeration - have not been provided and that you have given her reasonable attempts to repair that have not worked. As for obigations under the lease, that is a breach of contract claim.  Now, taking action against her requires filing some sort of landlord tenant proceeding.  You can ask to pay your rent in to court and an abatement (reduction) in the rent for the time that you have been inconvenienced.  If the matters do not get resolved then you can ask a court to void your lease.  Good luck.


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