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Take Action Against the "Slum Lords"
From:
-Anonymous-
Date posted:
5/30/2007
Years at this apartment:
2007
-
2007
11 photos
I have been here for 6 months and I'm mortified. I have made several complaints and written many letters to the corporate office and I still have roaches running rampant in my apartment, my cabinets are busted, tired of the loud music, the "smart mouthed" lease consultants and I'm just very disatisfied with this place. I have decided to take matters into my own hands and I suggest you do the same. Read below and see the letter.
THE LANDLORD'S RESPONSIBILITIES
* Florida Statutes, Section 83.51, require a landlord to comply with the requirements of applicable building, housing and health codes as well as with Chapter 518 of the Jacksonville Municipal Ordinace Code ( Property Safety Code). This means:
1. The roof must not leak.
2. The walls must be weather-tight and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be weather-tight, water-tight, rodent-proof and kept in sound working condition. Outside doors have to have proper locks.
5. Window panes cannot have cracks and holes. Outside windows must have screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair and should be safe.
7. The house or apartment must have hot water that is connected to the kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flushin toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage containers.
11. Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.
IF THE LANDLORD DOES NOT COMPLY
* If your landlord has failed to comply with the previous listed code responsibilities and has ignored your request to undo their unlawful action, contact Property Safety Division within the Housing and Neighborhoods Department by calling 630-CITY (2489). They are responsible for the enforcement of the city's Property Safety Code.
* If your landlord fails to do what the law or lease requires, you may be able to withhold a portion of your monthly rent until the property is brought into compliance. You must give written notice to the landlord of your intention to withhold rent and give the landlord time to make repairs in accordance with the procedures as set forth in Florida Statute Chapter 83, Sec. 83.56 (1)(a) or (1)(b). You must allow at least seven days for repairs and your written notice must give detailed information on the items that need to be repaired.
Always call the Consumer Affairs Division at 630-CITY (2489) regarding your landlord/tenant rights before withholding rent!
RENT WITHHOLDING FROM LANDLORD
* You must be very careful to do what the law requires for a proper rent withholding! ALWAYS call the Consumer Affairs Division at 630-CITY (2489) regarding your landlord/tenant rights before withholding your rent.
* If a landlord has not made repairs that are needed and that failure to repair makes a residence unliveable, the tenant must give the landlord written notice of the need for repairs and of his or her intention to terminate the lease if repairs are not made. The tenant must allow seven days for the repairs to take place and if the repairs are not made, the tenant may terminate the lease and move out.
*If a landlord has not made repairs that are needed but the tenant can still live in the dwelling, the tenant must give written notice of the need for repairs and allow seven days for the repairs to take place. The written notice must also state the tenant's intention to withhold portions of the rent until the repairs are made. After seven days, if the repairs are not made, the tenant may deduct the daily rate of rent until the repairs are made. When it is time for the tenant to paythe next month's rent, the tenant will pay the monthly rental fee minus any deductions for days repairs were not made. Tenants cannot wait until rent is due and then try to withhold rent on the basis of the landlord's failure to make repairs.
The following actions are recommended.
1 Make a list of all the things that are wrong with your rental unit that you believe violate Florida Statute 83.51. Determine if there are any major repairs needed that make the dwelling unliveable (for example, plumbing not working, roof leaks, etc.).
2. Write the landlord this letter:
Date
Dear (name of landlord):
Pursuant to Florida Statutes, Section 83.56, I am notifying you of your material non-compliance with Florida Statutes, Section 83.51(1), and the Jacksonville Property Maintenance Code.
(List uot all repairs here and note if these items make the property unliveable or not)
Unless the listed repairs are made within 7 days of delivery of this notice,I will terminate the lease and vacate the premises as I can no longer live in this ( house,apartment, etc). (If the dwelling is liveable, then state that you will withold ___________dollars per day until such time the repairs are made .This amount will then be deducted from the next month's rental payment.)
Sign your name ___________________
Print your name and address.
3.*It is recommended that this letter be sent certified mail,
return receipt requested. This is an extra protection for you in the event the landlord denies he ever knew about the material non-compliance.
KEEP A COPY OF THE LETTER.
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