Zais v. CF West Florida, Inc.

District Court of Appeal of Florida

Zais v. CF West Florida, Inc.

505 So. 2d 577, 12 Fla. L. Weekly 957, 1987 Fla. App. LEXIS 7583

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1987

DocketNo. 4-86-0177

StatusPublished

Cited by3 cases

This text of 505 So. 2d 577 (Zais v. CF West Florida, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zais v. CF West Florida, Inc., 505 So. 2d 577, 12 Fla. L. Weekly 957, 1987 Fla. App. LEXIS 7583 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

The defendant-developer delayed in the making of significant repairs. As a result, plaintiffs’ apartment became uninhabitable. Plaintiffs’ failure to turn on the electricity and air conditioning did not relieve defendants of their breach. Although written demand was not made, it is undisputed that notice was given and the defendant had knowledge of the defects and its duty to make repairs. The plaintiff was entitled to recover damages for the fair rental value of the apartment during that period prior to the repairs being made. Vanater v. Tom Lilly Const., 483 So.2d 506 (Fla. 4th DCA 1986); Marshall v. Karl F. Schultz, Inc., 438 So.2d 533 (Fla. 2d DCA 1983).

We reverse and remand for a determination of those damages.

ANSTEAD, WALDEN and STONE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant-developer delayed in the making of significant repairs. As a result, plaintiffs’ apartment became uninhabitable. Plaintiffs’ failure to turn on the electricity and air conditioning did not relieve defendants of their breach. Although written demand was not made, it is undisputed that notice was given and the defendant had knowledge of the defects and its duty to make repairs. The plaintiff was entitled to recover damages for the fair rental value of the apartment during that period prior to the repairs being made. Vanater v. Tom Lilly Const., 483 So.2d 506 (Fla. 4th DCA 1986); Marshall v. Karl F. Schultz, Inc., 438 So.2d 533 (Fla. 2d DCA 1983).

We reverse and remand for a determination of those damages.

ANSTEAD, WALDEN and STONE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

505 So. 2d 577, 12 Fla. L. Weekly 957, 1987 Fla. App. LEXIS 7583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zais-v-cf-west-florida-inc-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack