Frequently Asked Questions

Stand close to any window and look carefully at the glass. Signs of failure include:

• A rainbow-like iridescent sheen on the glass surface
• A hazy or cloudy appearance between the panes
• Staining or moisture trapped between glass layers
• Noticeably poor sound or heat insulation

These symptoms indicate the insulated glass unit (IGU) seal has failed. Check in both direct sunlight and with interior lights at night for best visibility.

Under Florida Statute § 83.51, landlords must maintain windows and all structural components “in good repair and capable of resisting normal forces and loads.” This includes ensuring windows properly insulate against heat, cold, noise, and weather. Failed window seals violate this obligation and constitute a habitability issue.

Multiple categories of damages may be available:

• Rent refund — Refund of rent paid during the period windows were defective
• Treble (3×) damages — Under Fla. Stat. § 772.11 if civil theft is established
• FDUTPA damages — Actual damages under Fla. Stat. § 501.204 for deceptive trade practices
• Attorney’s fees — Court costs under Fla. Stat. § 83.48

For a tenant paying $2,500/month over two years, potential recovery could exceed $180,000.

In most cases, no. Florida Statute § 83.48 provides for attorney fee shifting — the prevailing party recovers their legal fees from the other side. Because of this, many tenant rights attorneys take habitability cases with no upfront cost to the tenant. If you win, the landlord pays your attorney fees.

Arcos Apartments at 320 Central Ave, Sarasota, FL 34236 is owned by Snell Properties of Arlington, Virginia and managed by Bainbridge Companies under Danny Harper (dharper@bainbridgere.com) and Brenda Myers (bmyers@bainbridgere.com). Both the property owner and management company may bear liability. Management has known or should have known about the widespread window defects and has failed to make the repairs required by Florida law.

Yes. Former residents may still have valid claims for rent paid during the period the windows were defective, subject to Florida’s statute of limitations. The sooner you act, the stronger your position. Contact a tenant rights attorney to evaluate your specific situation.

Three things:

• Inspect every window in your unit for signs of seal failure
• Document everything with photos, videos, and written notes — save electric bills and any communications with management
• Consult a tenant rights attorney (free consultation, no upfront cost)

Florida Statute § 83.64 explicitly prohibits landlord retaliation against tenants who exercise their legal rights. If your landlord retaliates with eviction, rent increases, or reduced services because you filed a complaint or pursued a claim, that retaliation itself is an additional violation of Florida law.