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How long can my landlord take to fix septic tank problems?
Anonymous2 views1 answers
For 3 weeks now we've had septic tank problems...gurgling and overflowing toilets. We told our LL immediately, he had his guys come out and fix it. Two days later we had our same problem back. We called the LL again. He sent the same guys out last tuesday, they dug a hole to "release some pressure" and prevent it from backing up into the house. Said they needed to get a permit and he haven't heard from them since. It's been a week now since they dug the hole. NOTHING flushes the first time, the toilets, sinks & tubs keep gurgling and the toilets keep overflowing...what can we do? Can we break our lease? How long do we have to give him (by law) to fix this? We did find out that the LL was told by the city to switch to sewer when they added the 3rd bathroom and he didn't.
Yes, you can break the lease. You have to send the LL a written notice giving him 7 days to cure the problem. You should look at Florida statutes 83.51 and 83.56. The first states the LL's legal duty to maintain the premises, the second states the tenant's right to break a lease upon proper notice for failure of the LL to cure a defect in the premises.
Getting your deposit back may be another matter. You may have to take the LL to court. Read FS 83.49 regarding deposits. You would be entitled to attorneys fees and costs if you prevail in an action to return your deposit.
When you write your 7 day notice, write it like you are writing to a judge. Make it short. State the matter in as few words as possible. Only a few paragraphs on a singe page. You are writing a legal notice, not a novel. Something like, "On (date) we verbally notified you that the plumbing in our rental unit at (address) had failed. You sent workers and they failed to repair it. This is formal notice pursuant to Section 83.56, Florida Statutes, that you have 7 days to cure the defect in the plumbing pursuant to your obligation to maintain rental premises under FS 83.51. Upon failure to cure within 7 days our lease with you of (date of lease) is terminated. We will expect prompt refund of our deposits. Failure to refund our deposits will necessitate legal action against you pursuant to law. If you fail to prevail in such legal action you will be required to pay our attorney's fees and costs. You may also expect a claim for moving expense if we are required to file such an action." Period. Make sure you date it.
Make sure you keep a copy of the notice. It would be best to hand deliver it or send it certified, return receipt requested so that you can prove to a judge that it was delivered and received. Make a note on the copy of the date and time you hand delivered it.
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