Legal Question in Real Estate Law in Florida

Landlord Neglegance

I signed a lease in Nov. 2001. My landlord had a home inspection done due to insurance purposes on Jan. 2002. The inspection made her aware of all problems in the house that needed to be fixed. Among the problems was the finding of mold. The landlord fixed the minimal repairs required by the insurance company but left several needed repairs unfixed and failed to make me aware of the mold. My family has been very sick since moving in and I could not understand why. We now think it is due to the mold. I have made several requests to make the repairs but she has not. I had a mold test done on the house that I paid for and it found 23 differant types including toxic mold. I have now been advised by our doctor to move ASAP. This is causing a hardship on my family and a lot of emotional upset. I do not have anywhere to go nor do I have the money to move out. Is the landlord neglegant and what are my rights? Am I entitled to damages? Do I have to continue to pay rent? Please help...


Asked on 6/08/02, 5:44 pm

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Landlord Neglegance

Contact the local health department and have them inspect the property immediately. Explain to them what has been happening, and the illnesses that have resulted. Also, take your family to see a doctor; their welfare and your own are of the utmost importance. Contact me at (305) 769-3000 with the results, so we can further discuss your claim.

Regards,

Randall L. Gilbert

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Answered on 6/09/02, 1:35 am
David Slater David P. Slater, Esq.

Re: Landlord Neglegance

If your doctor will provide a medical report connecting the illnesses to the mold condition you certainly have a claim for monetary compensation the value of which depends on the severity and permancy of the illnesses effects. A serious question will be your actions in contributing to the illness by staying at the premeises. You should move immediately. I would think the mold condition a serious breach of the quite enjoyment you are entitled to under the lease and you probably will not be responsible for any addtional rent once you move.

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Answered on 6/08/02, 6:40 pm


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