Landlord has failed to fix fence damaged by Hurricane Irma


If this case, it appears that the downed fence does not interfere with the tenant's quiet use and enjoyment of the rental property.


Attorney Tom Olsen: Barbara you're on news 96.5 go ahead.

Barbara: Thank you very much for taking my call. I'm a renter, I'm from up north and I had property damage. I contacted the landlord immediately, the fence was taken down by a shed that they had in the backyard. I've yet to see anyone from the rental company at all to come and do the repairs that he's done. What do I do, what are my rights and where do I go from here?

Attorney Tom Olsen: Well, when there is damage to the property, you have a right to give your landlord written notice, it's a seven-day notice and if they fail to make the repairs within seven days then you have a right to reduce your rent to a reasonable rental value considering your loss use of the property. Usually, we talk about a toilet out or the air conditioner being out but Barbara, I would say that the fact that the fence down is really probably not affecting your enjoyment and use of the property. So I don't think you're are going to be able to deduct rent or lower your rent.