[RPPTL LandTen] Section 83.51

Fri May 18 09:53:26 PDT 2012

Based on below, if a material breach is due to causes within landlord’s control, tenant can terminate after the required notice and recover damages.  If the material breach is due to causes outside of landlord’s control and landlord is making reasonable efforts to cure, then “parties” can terminate or tenant can vacate during the period the premises remains uninhabitable and will not be responsible to pay rent during that period, or if the premises is not uninhabitable tenant may remain  in the premises and receive a rent reduction in proportion to loss of rental value for the period of noncompliance.  Use of the word “parties” seems to indicate that landlord and tenant must agree to alter the lease (and also possibly to terminate it).  

Question is whether the breach is due to a cause within or outside landlord’s control.  If renovations are necessary for safety or code issues and not due to landlord’s negligence or improper maintenance, then they are probably outside of landlord’s control.  If renovations are being made voluntarily like solely for aesthetic purposes or because of landlord’s negligence or lack of maintenance, then renovations are probably within landlord’s control.  

I haven’t looked at any cases on this issue though.

83.55 Right of action for damages.—If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.

History.—s. 2, ch. 73-330.

83.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s.  <http://www.flsenate.gov/Laws/Statutes/2011/83.51> 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s.  <http://www.flsenate.gov/Laws/Statutes/2011/83.51> 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

Andrew F. Garofalo
Attorney at Law | Board Certified in Real Estate Law

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Friday, May 18, 2012 11:51 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Section 83.51

What remedies does a tenant have for a violation of Section 83.51?

If a landlord is performing a major renovation project at an apartment project that will require the tenant to relocate from the premises for six weeks or more what remedies are available to the tenant under Section 83.51 or otherwise?

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Arthur J. Menor 
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