Florida summers can be menacingly brutal, and there’s no point comparing the comfort you expect from a properly functional AC. However, if you rent a property in Miami, you must be aware of the tenancy laws that govern the provisions of AC installations.
While most landlords in Florida include air conditioning as a part of their rental amenities, the law doesn’t require them to do so as a mandate. Therefore, there might be times when you need to reach out to professional HVAC experts for Miami AC installation. Experts at Direct Air Conditioning can do the needful for you at affordable costs.
You might wonder what happens when you need to service an AC. Or who would be responsible for repairing your AC when it breaks down? In this article, we have explained the tenant laws in Florida that should answer your queries.
Tenancy laws in Florida and AC installation
As per Section 83.56(1), Florida Statutes (19905), the landlords are not required to arrange a working AC for the tenants. However, the tenant and the landlord need to include a clause in the lease if the former expects the latter to provide a functional AC in the property.
Therefore, if you want your landlord to offer the provision of the AC, you need to work it out on paper. Unless you get into a special agreement with your landlord, you will be responsible for installing the AC, servicing it, and arranging timely maintenance.
In the US, the laws in many states require the landlords to provide a functional AC to the tenants. However, Florida has different norms, which explains why tenants must be vigilant about the provisions at the outset.
When does the landlord carry out AC installation and maintenance?
The landlord would have to carry out AC installation and maintenance only if they have signed an agreement in the lease documents. However, this does not empower the tenant to use the absence of a working AC as a defense against a lawsuit during an eviction.
Despite the agreement, the landlord might refuse to fix the issue due to certain reasons at times. In these cases, the tenant is entitled to withhold the payment of rent. Before taking such measures, it would be advisable to discuss the matter with your landlord.
In order to withhold the payment of rent, you need to adhere to the following procedure.
- As a tenant, you need to provide the landlord with a 7-day notice and request them to fix the AC.
- In the notice, you should list down the parts that need to be damaged. Wait seven days for the landlord to replace your AC or repair it.
- You can deliver this notice to the landlord through mail or in person. In case you mail this notice, you need to give another five days to the landlord to take action.
- If the landlord fails to respect the agreement’s provisions by not replacing or repairing the AC, you can withhold the rent.
AC breakdowns in Florida: Who holds the responsibility?
Even if the landlord signs an agreement in favor of offering the provision of an AC, the tenant might have to pay for the repairs during breakdowns.
Sometimes, the AC might break down due to negligence on the part of the tenant or any of his guests. In these situations, the tenant would be liable to repair or replace the AC. In such cases, you need to work closely with one of the established HVAC companies like Direct Air Conditioning. With professional support, you should be able to get the unit fixed in a quick time.
However, sometimes the AC breaks down due to natural wear and tear. If the agreement mentions that the landlord would be responsible for offering a functional AC, they need to arrange the repair. Thus, the landlord needs to fix technical glitches in the AC if the tenant has no control over the problems.
If you are a landlord, you will receive a notice from your tenant regarding the malfunctioning AC. So, as per the norms, you need to repair or replace the unit within a week. If you are not comfortable dealing with these hassles, structure the lease norms accordingly.
How can landlords stay away from AC disputes?
Being a landlord, you would try to assure the best standards of comfort for your tenant. However, situations might not be in your control during the peak of summer in Miami. Even when you look out for a positive remedy following an AC breakdown, you might not be able to find a reliable HVAC expert.
Reaching out to one of the reputed service providers like Direct Air Conditioning should bail you out of the mess. No landlord wants the rent to be withheld. So, you would expect the professionals to restore the AC within seven days.
In other situations where you do not take on the obligation of repairing the AC on the agreement, you can simply recommend a reputed HVAC expert to your tenant. This would be a gesture of goodwill, where the tenant can follow up with the technicians.
Endnote
While landlords love to enjoy the legal provisions when it comes to rental amenities, norms are different in Florida. Since the law supports the tenants in Miami, it makes sense to be skeptical about the rental agreement. So, landlords unwilling to repair the AC should clearly include the clause in the rental agreement.
At times, tenants not knowing the norms in Florida might unknowingly approach the landlord for AC repairs. Thus, landlords must be proactive enough to inform the tenants of the existing norms. Regardless of the agreement, both the landlord and the tenant can approach the HVAC experts at Direct Air Conditioning to get the units fixed. It is always best to rely on professionals with years of experience.
