Contract Law
Here is a hypothetical question that may be somewhat similar to this issue but not as bad. You have a lease option on a property and you have agreed to take care of all the repairs. Near the end of the option period one of the bathroom starts leaking into the neighbors house only when the bathroom is used The neighbors, you and your tenant are pretty sure its coming from your unit, but it is not clear if it is the shower, toilet, or sink Your tenant moves out without fixing the leak, and now you are stuck with the leak. You decide not to renew your option with the Seller and give the property back to the Seller without fixing the leak Question: Are you responsible for fixing the leak after the seller accepts the property back? Tim
Since the contract stated that you would take care of all repairs, and the leak was something that occured during the term of the lease option, I believe you are responsible even after the seller accepts the property back.
Depends on how your Contract is written. I have the Seller agree to make major repairs. I also throw in the word "habitability" to protect me should it ever happen to go to court. Habitability is a legal term that means "any repair affecting living conditions." I can argue that almost anything can affect habitability.
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But from a strictly legal standpoint (given the information stated in the query), I agree with Darryle.
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It is my understanding that in FL, even if the residential tenant agrees to take care of all repairs, the relationship falls under residential landlord tenant law and the landlord is responsible for property maintenance.
You could agree in a contract to cut four fingers off if you are 5 days late on the rent, but it will not hold up. Many people here have phrases in their lease like "tenant is responsible for the first $250 of any repair", but I am told that these clauses will not hold up in court.
The owner is responsible for maintenance to the property.