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ZAIS v. CF WEST FLORIDA, INC

District Court of Appeal of Florida, Fourth District
May 8, 1987
505 So. 2d 577 (Fla. Dist. Ct. App. 1987)

Opinion

No. 4-86-0177.

April 8, 1987. Rehearing Denied May 8, 1987.

Appeal from the Circuit Court, Broward County, Linda Vitale, J.

Glenn H. Mitchell of Mitchell, Hanser Schwartz, West Palm Beach, for appellants.

Bernard Allen of Shea Gould, Miami, for appellee.


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.


Summaries of

ZAIS v. CF WEST FLORIDA, INC

District Court of Appeal of Florida, Fourth District
May 8, 1987
505 So. 2d 577 (Fla. Dist. Ct. App. 1987)
Case details for

ZAIS v. CF WEST FLORIDA, INC

Case Details

Full title:NEIL ZAIS, STEVEN J. WATCHMAKER AND GERALD FEINBERG, TRUSTEES OF THE…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 8, 1987

Citations

505 So. 2d 577 (Fla. Dist. Ct. App. 1987)