Profile picture for djmack

renters rights

I have leased the home I live in for almost 5yrs. now and I have a question about something written in my lease. In my lease it states that tenant shall have the responsibility to maintain the premises in good repair at all times, and to landlords satisfaction. This includes semi annual servicing or the heating/air conditioner. A copy of the appropriate documents (contract or receipt) shall be supplied to the landlord. I have serviced the air conditioner every 6 months with receipts,am I responsible for major repairs if they are not due to my neglect.
  • September 16 2011 - Stuart
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Answers (3)

Profile picture for wetdawgs
In most (if not all states), the tenant is not responsible for major repairs.   You can pull up your state's landlord/tenant laws with a quick google search.

You may discover that the lease requirements for repair/maintenance are above and beyond what is required in state's laws.   Most states have a hot line on tenant rights that can help you clarify the issue.
  • September 16 2011
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Generally speaking, most laws allow any two sane adults to contract in any way they see fit, so long as it isn't for something illegal (think drugs or prostitution) or a directly bad thing for society.

So, I'd be very surprised if florida had any laws specifically making a contract for a tenant to perform maintenance illegal. It is a bit unusual in residential real estate, but not uncommon at all in commercial and industrial leases,but hardly sounds illegal.
  • September 16 2011
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Your lease should cleary specify who will be responsible for major repairs.
FAR leases used by realtors clearly spell out that:

"Tenant's responsibility, if any, indicated above (there is a list who will be responsible for maintenance-landlord or tenant, or both) shall not include major maintenance or major replacement of equipement. Landlord shall be responsible for  major maintenance or major replacement of equipement, exept for equipment for which Tenant has accepted responsibility for  major maintenance or major replacement of equipement in the previous paragraph"

Additionaly it provides that major maintenace means a repair that costs more that $ "x" amount (we usually put-$50 or $100).

As you can see, it really depends how your lease agreement is written. I am not sure if you used the same lease agreement that most FL agents use or landlord had his own lease agreement which may contain different information.
You may review here FL Landlord Tenant Act
  • September 17 2011
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