Legal Question in Landlord & Tenant Law in Florida

To whom it may concern,�

�����My name is Samantha Moss and my family and I currently live at�6895 SW 5th Street Margate Fl 33068. �I moved into this apartment on January 1st 2012. Upon moving in I found mold in the corners of the shower, rust stains in the toilet along with cracks around base of toilet as well. In the bedroom I found a dead cock roach and lizard, in the kitchen I Had a microwave that started up on its own with a huge dent in the bottom of it. �A stove where only three burners work I also found holes in the ceiling, cracks in the wall and a cracked shelf in the refrigerator. Not to mention that the entire place is uneven. After many talks the manager of the place finally she decided to give us a new microwave, and sent a older gentleman to use caulking to caulk up the holes �in the ceiling and the base of the toilet. Recently my entire body broke out in hives until I was diagnosed with scabies due to bed bugs. I had to throw out my entire bedroom furniture. When I spoke with management I was told it was my problem and I would have to pick it up with the gentleman who comes and spray on the 27th of every month. �We had a contractor come to our apartment to give us an estimate, he took off one of the sockets and you were able to see the bed bugs traveling through the walls into other apartment, he told us it would cost us $1099 just to have our apartment done but it wouldnt make any sense if they were traveling from apartments. We were told we needed to get rid of our furniture also. Everyday and night when I walk in and out of this apartment, We are constantly dodging duck and cat feces and the more I complain nothing is being done. We are paying a water bill every month for approx. $42 dollars a month but we dont have individual water meters!

� � � �The people that are management only clean up the area where we live when they are trying to close on an apartment like today (11/16/12). �And to be honest the gentlemen that "fix" things around don't seem to be license people.�What Im asking is for someone to be sent out to look at this place because our complaints arent being taken seriously. Ive read many reviews on this place one in particular a lady spoke of having bed bugs that made her kids sick and nothing was done about it and if I had read them beforehand I wouldnt have moved here. If nothing can be done I would like my money back and to let out of this lease because this isnt an environment that anyone should be living in.�

� ��

� � �I would appreciate if someone would get back to me immediately.�

�Can i due her for the fact that she rented a place filled with bed bugs. And for the items i lost


Asked on 11/22/12, 1:03 pm

1 Answer from Attorneys
Kelly Greene Kelly A. Greene P.A.

Tenant's rights are covered by Chapter 83 of the Florida Laws. All tenants should read them.

Put your complaints in writing to the landlord. Never just talk to him/her about the shortcomings. In the letter state the list of problems and demand that they be corrected or you will withhold the rent for the amount of the problems. Give the landlord 10-15 days to reply or fix the problems. If the problems are not fixed, either start withholding the rent for the amount of the damage to the apartment or cancel the lease again in writing and move out. If they sue you on the lease money, you will have proof that you asked for the repairs and nothing was done.

For instance, on the bed bug issue, state that you want that repaired and that you will withhold from the rent the costs of the repairs unless the landlord fixes that. If he fails to fix it withhold the rent or move out.

You could sue the landlord in small claims. The landlord should have given you a warning about the bed bugs. He does not have to tell you about obvious problems, hole in the ceiling peeling paint bad carpet. But for bed bugs which are not obvious, he should have told you. You are entitled to replacement costs of your things. But if you continue to live there without bug treatment you are just going to get bed bugs again. Better probably to get out.

Review the statute or see your local Legal Services office. They have pamphlets on your rights and might be willing to represent you in your case without charge.

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Answered on 11/27/12, 11:05 am


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