Common problems residential landlords and tenants experience during a lease

This article is part two of a three-part series addressing common problems that landlords and tenants experience in residential leasing. The three phases in which problems can arise are before the lease is signed, during the lease, and at the end of the lease. This article addresses the two most common problems that arise during the lease. The first is when the tenant fails to pay rent and the second is when a major item breaks.

Issue One: What happens when the tenant can't pay the rent

The failure to pay rent can obviously lead to an eviction which is discussed in detail in my article that explains the?differences between evictions and ejectments. One way for a tenant to avoid being evicted is to keep the landlord informed of any financial issues such as the loss of income that affects the ability of the tenant to timely pay rent. As opposed to missing a rent payment which will probably lead to an eviction notice and then an eviction the tenant can propose to pay as much of the rent as the tenant can then afford with supporting evidence of their financial situation.

Can or should a landlord accept less than the full rent

The landlord is under no obligation to accept less than the full rent but for a landlord sometimes it is better to have someone living there and caring for the property even if they are a little behind on rent as opposed to having an empty rental until that must be maintained, advertised, and leased to a new tenant.

It is important to know that if the landlord agrees to accept less than the full rent and actually accepts that smaller payment it is very important to the landlord to document the fact that the partial rent payment does not fully satisfy the rent obligation. If this is not done in writing between the landlord and the tenant then the landlord risks waiving the claim for the rest of the rent owed because it accepted less than the full rent payment.

What can the landlord do besides evict if the tenant doesn't pay rent

Of course the landlord and the tenant can always agree to temporarily modify the lease on rent payments but both parties would be best served to put any such agreement in a written document that they both sign. This not only documents their agreement but it avoids misunderstandings later as to the terms to which they agreed. For example the parties might agree to reduced rent for a month or two if the tenant repaints the apartment with a certain paint at its expense. Documenting that arrangement benefits and protects both sides as it gives one party the right to enforce the lease if the other fails to perform.

Issue Two: What to do if something major breaks

The second common problem that develops during the operation of a residential lease is when something major breaks like the air conditioning or water heater or the roof or even an upstairs unit leaks causing water intrusion. Normally these issues are addressed by the lease and damage may be covered by renters or other insurance. If the parties have a written lease then the terms of the lease will normally dictate who bears responsibility to fix or replace those items. This highlights the importance of having a written lease and of reading the lease before you sign it as the tenant.

What must the landlord maintain in a rental

For a landlord this shows that it is important to clearly define the responsibility of each side in the lease. Section 83.51 in our Florida Statutes mandates that the landlord comply with applicable building and health codes meaning maintaining in good repair the plumbing and structure like the roof, windows, and doors. The statutes leave it up to the parties to address other maintenance issues in their lease but if the lease does not specify who maintains what then the landlord is responsible for items like pest control, locks, garbage removal, and smoke detectors as stated in Section 83.51(2).

What does the tenant have to fix in a rental

Balancing those obligations placed on the landlord is Section 83.52 that requires the tenant to maintain and not damage the premises unless the lease limits for what the tenant is responsible. By law in Florida tenants must at least comply with housing and health codes, keep the premises clean and sanitary, and use the air-conditioning and appliances properly. So when something breaks the initial question will be whether the tenant occupying the property broke it as a result of something the tenant did or failed to do.

What to do in emergency situations

When a problem with the property occurs during the lease it is normally the tenant who is occupying the property who will first become aware of the issue because they live there. If it is an emergency situation such as a burst pipe then it may be necessary to address the problem directly and then seek a rent reduction to offset whatever amount the tenant paid to fix the problem if the landlord bears responsibility for the repair. Where a landlord is responsible and refuses to pay the tenant can avail itself of rent abatement to deliver partial rent with proof of the emergency and payment incurred to fix it. Naturally documenting the problem with video and photos is one of the best ways if the repair personnel do not indicate the exigent nature of the problem in their own invoice or report.

What to do if something major breaks but it is not an emergency

Where the problem is not an emergency or there is sufficient time to notify the landlord or the leasing agent then the tenant should still document the situation with video and photos, notify the proper person, and allow the landlord or leasing agent to inspect and evaluate the situation. The nature of the problem and the terms of the lease will most often determine who is responsible for paying to repair it. This situation is very specific to the circumstances of the problem and the lease which again highlights for the tenant the import of reviewing the lease before signing it and for the landlord to having a clear and comprehensive lease agreement. However if the landlord and tenant are unable to work out the payment issue then it may be necessary for one or both to consult with counsel to define their rights in that situation.

Part 3 of of this series?addresses what to do about problems after the lease ends

Written by David Steinfeld

David Steinfeld is one of the few Board Certified business law experts in Florida. He has been licensed for 25 years. He is AV-Preeminent rated, ranked as one of the Best Lawyers in America by U.S. News and World Report, and consistently named a Florida Super Lawyer and one of Florida’s Legal Elite. Dave has also received Martindale’s prestigious Judicial Edition Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO as well as a 10.0 rating on Justia, lawyer reviews websites.

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