UNDERSTANDING RENT ABATEMENTS WHEN THE PROPERTY IS NOT TOTALLY UNINHABITABLE

1.   Many Tenants are demanding rent abatements due to utilities being off for a time period, lack of access to a home due to flooding or lack of use of some amenity.

2.   Florida law does not address any rights a Tenant may have to something that is beyond the control of the Landlord.

3.  When the law does not address something, this leaves it up to a judge in the event there is litigation.  Nobody can predict what a judge will do BUT a judge WILL make a decision. Rest assured. The judge will decide and you may not like the decision.

4.  The Property Manager and Owner need to make a business decision if they are or are not going to give the Tenant any kind of abatement.

5.  If the Property Manager or Owner decide to give the Tenant any abatement, then the PROPER FORMS must be used.  We provide the PROPER FORMS

6.   If the PROPER FORMS are not used, then the Property Manager or Owner will end up having massive problems and it will be never ending.

7.  Nothing should be done verbally.  

It is crucial that you contact our office when the Property Manager or Owner wish to give the Tenant an abatement.   

If verbal promises are made to a Tenant or the Property Manager or Owner have any verbal discussions with the Tenant, our office will NOT be able to assist.

“Serving the Property Management Professional”

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