Landlord’s Failure to Make Repairs

What does a landlord’s failure to make repairs encompass?

A landlord’s failure to make repairs refers to the negligence or refusal of a landlord to fulfill their legal obligations related to maintaining a commercial property. In Florida, commercial landlords must abide by specific maintenance and repair requirements that ensure the safety and well-being of tenants. One such obligation is maintaining common areas in reasonably safe condition.

For example, a commercial landlord may be found in breach of their duty if they fail to repair a hazardous condition in a common area, such as a broken elevator or malfunctioning fire alarm system. In this scenario, the tenant may have legal recourse to demand the landlord take action to rectify the situation.

Need a commercial leasing advocate? Schedule your consultation today with a top commercial landlord/tenant leasing attorney.

In Florida, which laws and regulations apply to a landlord’s failure to make repairs?

Commercial landlord and tenant relationships in Florida primarily follow Florida Statute Chapter 83. This body of law outlines the rights and responsibilities of both parties, including the landlord’s obligations to maintain the premises. Specifically, Florida Statute § 83.51 details a landlord’s duty to comply with applicable building, housing, and health codes and keep common areas reasonably safe.

In addition to state laws, specific federal regulations may also apply to commercial landlord/tenant relationships. For example, the Americans with Disabilities Act (ADA) imposes accessibility requirements for commercial properties to ensure equal access for individuals with disabilities. A landlord’s failure to comply with these regulations may also be a failure to make repairs, as the property may not meet necessary safety standards.

How does a landlord’s failure to make repairs commonly lead to litigation between commercial landlords and tenants?

The following issues commonly lead to litigation:

• Unsafe common areas: A landlord’s failure to maintain common areas in a safe condition may result in accidents or injuries to tenants, leading to litigation. Florida Statute § 83.51(2)(a) requires landlords to keep common areas reasonably safe.
• Code violations: Noncompliance with building, housing, or health codes can create unsafe tenant conditions, prompting lawsuits. Commercial landlords are required to comply with these codes according to Florida Statute § 83.51(1).
• Breach of lease: If a lease agreement specifies that the landlord must make certain repairs, failure to do so can result in a breach of contract claim by the tenant.
• Constructive eviction: Tenants may claim constructive eviction if the landlord’s failure to make repairs renders the property uninhabitable, forcing the tenant to vacate the premises.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

Frequently Asked Questions

1. What remedies are available for tenants when landlords fail to make repairs?

Tenants can seek legal remedies, such as rent abatement, repair and deduction, damages for breach of lease, or even termination of the lease, depending on the circumstances and the severity of the landlord’s failure to make repairs.

2. Can a tenant withhold rent if a landlord fails to make necessary repairs?

In some cases, yes. However, before withholding rent, tenants should consult with an attorney and follow the legal procedures outlined in Florida Statute § 83.60(1) to ensure they act within their rights.

3. How can a landlord avoid litigation related to failure to make repairs?

Landlords can avoid litigation by regularly inspecting and maintaining their commercial properties, addressing tenant concerns promptly, and adhering to all applicable building, housing, and health codes. It is also essential to have a well-drafted lease agreement outlining the responsibilities of both parties regarding repairs and maintenance.

Have more questions about how commercial leasing could impact your business?

Crucially, this overview of a landlord’s failure to make repairs does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.