Legal Question in Landlord & Tenant Law in Florida

I have been living in my apartment for 9 months now and they have recently started construction around the outside of my apartment. This construction is extremely loud from sun up to sun down. I have a service dog that is extremely scared and will not come out of the closet. I am willing to pay the two months rent to leave. When i went in there, they also said i need 30 days notice. That is now 3 months worth of rent and I can not keep my dog in this environment any longer


Asked on 1/19/17, 2:17 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Your lease agreement is going to control these circumstances. Leverage does not exist for the dog unless you have expressed that in the lease and therefore performance is now impossible due to the noise level. Complicated argument and you need an attorney to assist in pursuing same.

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Answered on 1/19/17, 2:58 pm
Lucreita Becude Lucreita D. Becude, P.A.

Contact an attorney that does "americans with disability act law". Call the Florida Bar they will direct you. I am not sure you, with a diability, can break this lease without the necessity of having to pay additional fees due to the construction, but it is worth a try to at least outline this situation with this type of lawyer who knows far more than I.

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Answered on 1/19/17, 3:39 pm
David Slater David P. Slater, Esq.

Seems you can argue they have breached the "implied covenant of quiet enjoyment" which would entitle you to terminate on 7 days notice to cure.

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Answered on 1/19/17, 5:57 pm


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