Repairs, Maintenance Florida: washing machine broken for months

[Dan C]

Jurisdiction

Florida

The landlord refuses to fix a washer used by multiple tenants in the building. When the lease was signed, it was operational and advertised as such but broke soon afterwards. What remedies are available to tenants (e.g., sue for false advertising, withholding parts of the rent etc.)? Thanks.

 

[Zigner]

Why don't you all get together and offer to share the cost of repair? $300 divided by 10 is $30 each. $300 divided by 20 is $15 each.

 

[Dan C]

It's more like $400 / 4 = $100, besides a) it's a coin laundry machine and b) what if it breaks again? Not even sure it is repairable.

 

[Zigner]

Does your lease guarantee continued availability of the machine?
What reason has your landlord given for not repairing the machine?

 

[Dan C]

Not my lease, so not 100% sure but can assume that it does not specifically address the washer (advertised as working when signing the lease). The landlord does not want to fix it because it costs money

 

[Zigner]

Not my lease, so not 100% sure but can assume that it does not specifically address the washer (advertised as working when signing the lease). The landlord does not want to fix it because it costs money

Whose lease is it?
What was the cause of the breakdown?

 

[Dan C]

A family member's.
Presumably, mechanical failure.

 

[Zigner]

You know the cost of repair but not the actual failure?

Your family member needs to discuss options with the landlord.

 

[Dan C]

The landlord's maintenance man said so but vaguely. The landlord ghosts his tenants. Correction: the lease explicitly mentions washer and dryer. Breach of contract / specific performance?

 

[adjusterjack]

Breach of contract / specific performance?

Specific performance is a remedy for breach of contract.

The Florida landlord tenant statute does not require the landlord to provide appliances.

Statutes & Constitution :View Statutes : Online Sunshine

The statute won't help.

However, when the landlord does provide appliances and/or services by contract and he breaches the contract, the remedy is, of course, litigation to enforce the contract.

Unfortunately, I don't think it's anything you can do in small claims court since Florida small claims court is for monetary damages.

See Page 5 Rule 7.010.

https://www-media.floridabar.org/uploads/2023/11/2023_04-OCT-Small-Claims-Rules-10-24-2022.pdf

You might be able to sue for money, i.e. the cost of laundry services elsewhere, along with specific performance.

As you can see by the rules, Florida small claims court is more complicated than small claims courts of other states.

 

[zddoodah]

Correction: the lease explicitly mentions washer and dryer.

What EXACTLY does it say?

Also, your family member may want to consider whether he/she wants to remain in a building where the landlord neglects basic maintenance issues.

 

[Red Kayak]

Not my lease, so not 100% sure but can assume that it does not specifically address the washer (advertised as working when signing the lease). The landlord does not want to fix it because it costs money

What matters in this situation is what is addressed it the lease that the tenant signed.

Leases usually state explicitly what the landlord is responsible for (or not).