ZAIS v. CF WEST FLORIDA, INC.

No. 4-86-0177.

505 So.2d 577 (1987)

Neil ZAIS, Steven J. Watchmaker and Gerald Feinberg, Trustees of the "Dockside Investment Trust," Appellants, v. CF WEST FLORIDA, INC., f/k/a the Iona Corporation, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 8, 1987.


Attorney(s) appearing for the Case

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

Bernard Allen of Shea & Gould, Miami, for appellee.


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...

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