Why is the landlord charging me for water and lights because I choose not to get those services?
Full Question:
My leasing contract has stated that the apartment complex in which I live in will not furnish water and electricity. As a result, the residents are suppose to contact the city and attain an account by which they will be charged for water and electricity. Now, my apartment complex is now charging me for water and electricity, when I do not have a written or verbal contract stating that they will furnish me with water and electricity. What should I do next?
11/05/2007 |
Category: Landlord Tenant |
State: Florida |
#11678
Answer:
The following are Florida statutes:
83.51 Landlord's obligation to maintain premises. —
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and
health codes; or
(b) Where there are no applicable building, housing, or health codes,
maintain the roofs, windows, screens, doors, floors, steps, porches,
exterior walls, foundations, and all other structural components in good
repair and capable of resisting normal forces and loads and the plumbing in
reasonable working condition. However, the landlord shall not be required
to maintain a mobile home or other structure owned by the tenant.
The landlord's obligations under this subsection may be altered or
modified in writing with respect to a single-family home or duplex.
(2)(a) Unless otherwise agreed in writing, in addition to the
requirements of subsection (1), the landlord of a dwelling unit other
than a single-family home or duplex shall, at all times during the
tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying
organisms, and bedbugs. When vacation of the premises is required for such
extermination, the landlord shall not be liable for damages but shall abate
the rent. The tenant shall be required to temporarily vacate the premises
for a period of time not to exceed 4 days, on 7 days' written notice, if
necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot
water.
(b) Unless otherwise agreed in writing, at the commencement of the
tenancy of a single-family home or duplex, the landlord shall install
working smoke detection devices. As used in this paragraph, the term "smoke
detection device" means an electrical or battery-operated device which
detects visible or invisible particles of combustion and which is listed by
Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any
other nationally recognized testing laboratory using nationally accepted
testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance
by the landlord with this subsection as a defense to an action for
possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the landlord from
providing in the rental agreement that the tenant is obligated to pay costs
or charges for garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater than any
duty imposed by subsection (2), the landlord's duty is determined by
subsection (1).
(4) The landlord is not responsible to the tenant under this section for
conditions created or caused by the negligent or wrongful act or omission
of the tenant, a member of the tenant's family, or other person on the
premises with the tenant's consent.
83.67 Prohibited practices. —
(1) A landlord of any dwelling unit governed by this part shall not
cause, directly or indirectly, the termination or interruption of any
utility service furnished the tenant, including, but not limited to,
water, heat, light, electricity, gas, elevator, garbage collection, or
refrigeration, whether or not the utility service is under the control
of, or payment is made by, the landlord.
(2) A landlord of any dwelling unit governed by this part shall not
prevent the tenant from gaining reasonable access to the dwelling unit by
any means, including, but not limited to, changing the locks or using any
bootlock or similar device.
(3) A landlord of any dwelling unit governed by this part shall not
discriminate against a servicemember in offering a dwelling unit for rent
or in any of the terms of the rental agreement.
(4) A landlord shall not prohibit a tenant from displaying one portable,
removable, cloth or plastic United States flag, not larger than 4 and 1/2
feet by 6 feet, in a respectful manner in or on the dwelling unit
regardless of any provision in the rental agreement dealing with flags or
decorations. The United States flag shall be displayed in accordance with
s. 83.52(6). The landlord is not liable for damages caused by a United
States flag displayed by a tenant. Any United States flag may not infringe
upon the space rented by any other tenant.
(5) A landlord of any dwelling unit governed by this part shall not
remove the outside doors, locks, roof, walls, or windows of the unit except
for purposes of maintenance, repair, or replacement; and the landlord shall
not remove the tenant's personal property from the dwelling unit unless
such action is taken after surrender, abandonment, recovery of possession
of the dwelling unit due to the death of the last remaining tenant in
accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the
rental agreement or a written agreement separate from the rental agreement,
upon surrender or abandonment by the tenant, the landlord is not required
to comply with s. 715.104 and is not liable or responsible for storage or
disposition of the tenant's personal property; if provided in the rental
agreement, there must be printed or clearly stamped on such rental
agreement a legend in substantially the following form:
BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER,
ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE
DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA
STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
For the purposes of this section, abandonment shall be as set forth in
s. 83.59(3)(c).
(6) A landlord who violates any provision of this section shall be liable
to the tenant for actual and consequential damages or 3 months' rent,
whichever is greater, and costs, including attorney's fees. Subsequent or
repeated violations that are not contemporaneous with the initial violation
shall be subject to separate awards of damages.
(7) A violation of this section constitutes irreparable harm for the
purposes of injunctive relief.
(8) The remedies provided by this section are not exclusive and do not
preclude the tenant from pursuing any other remedy at law or equity that
the tenant may have. The remedies provided by this section shall also apply
to a servicemember who is a prospective tenant who has been discriminated
against under subsection (3).