Legal Question in Real Estate Law in Florida
Breaking a lease
I moved into an apartment 5 months ago. I signed a year lease. They had just started doing construction on the building and i signed a construction addendum. I was told that it would have been comlpeted two weeks ago. Now I am being told it could take another 3 or more weeks. The construction is driving me crazy and because one of my walls was taken down (to install a new balcony) mold has begun to grow on my air condition vents and is making me sick. Can I legally break my lease? What are my options? I live in Florida.
Thank you
1 Answer from Attorneys
Re: Breaking a lease
If the landlord fails to comply with the terms of the lease or its addendum, you have the option of providing the landlord with written notice (sent by certified mail, return receipt requested) setting forth the violation at issue (specific lease provision that was, and continues to be, breached) and giving the landlord 7 days to remedy the situation or, otherwise, you will terminate the lease and demand return of your security deposit. The landlord may be willing to provide you with rent concessions after receiving your notice or simply return your deposit and show you the way out. Review Chapter 83 of the Florida Statutes (available on-line) which sets forth your rights as a residential tenant. Good luck.
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