[RPPTL LandTen] Who is responsible for replacement of air conditioning unit when the lease is silent except for tenant's duty to maintain?

[Roland Waller]

Is the landlord responsible to replace air conditioning units if the lease is silent as to the responsibility?  Are there any cases on this?

I represent the tenant and have taken the position the lease spells out the responsibilities of the tenant.  If the lease does not require the tenant to do sometime then the landlord is responsible.

Thanks for any help

Roland "Chip" Waller
Waller & Mitchell
5332 Main Street
New Port Richey, FL 34652
Office: (727) 847-2288
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of James Zink
Sent: Wednesday, October 09, 2013 10:08 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Strange but not uncommon scenario

I would say yes to both, unless there are other damages to the property. Can still come back and sue him/her later on if there are additional damages, but considering the language of the statute, it seems pretty strict as far as what you can keep.

James Zink, Esq.
Florida Rural Legal Services, Inc.
3111 South Dixie Highway, Suite 140
West Palm Beach, FL 33405
Phone: (561) 820-8902 x. 6025
Fax: (561) 820-8892

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Heist, Weisse & Wolk
Sent: Tuesday, October 08, 2013 1:48 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Strange but not uncommon scenario


Rent is $500 a month. Tenant pays security deposit of $500 and a last month's rent of $500 OR, tenant pays an $800 security deposit and no last month's rent.



Tenant pays rent September 1 and breaks lease and vacates  September 15, 3 months into a 1 year lease.



Tenant has given written notice to break lease and gave his forwarding address.



30 day clock starts ticking on the Notice of Intention to Impose Claim.



Landlord has 30 days to send Notice of Intention to Impose Claim out.



On October 1, October rent is owed.  October 10, Landlord sends out Notice of Intention to Impose Claim.



Obviously, they can claim October rent of $500.



What happens to the last month's rent landlord is holding or any excess if the security deposit is $800?



Since acceleration is not a remedy and the remedies are set forth in the FS 83.595 and cannot be outside of this per the Equity/Yates Case of 2003, does the landlord have to return the last month's rent he is holding? Does he have to return the $300 if he had an $800 security deposit?



Harry


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