Legal Question in Real Estate Law in Florida

Does my tenant problem allow me to break my lease?

A month ago we found an apartment in an urban area. We liked the apartment so agreed to ''stop by'' at different times to check the noise level. There was noise, but we agreed with insulation in the windows it would be tolerable, we signed the lease. There were problems with a leaky skylight we were told were fixed prior to our moving in. The skylight leaked terribly the weekend we moved in. We reported it and were told it couldn't be looked at or fixed until it stopped raining; days later we were told it was fixed. It continues to leak every time it rains. During all of this, we've had MAJOR issues with the noise level, a bass vibration when lying in bed � no picked up by ''stopping by''. We have taken care of ants (after being told there were no pest problems), the kitchen sprayer was supposed to be replaced before we moved in and still hasn't, and the other night at 2:30am the fire alarm went off for an hour, until the property manager got there. We are very dissatisfied with our apartment and want to know if any of this is reason enough (especially the leaky skylight) to break our lease. The lease does not mention any of the above problems. I've researched the Florida statutes and wonder if 83.51 covers us?


Asked on 7/11/03, 12:28 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Does my tenant problem allow me to break my lease?

It would depend on our severe the problems are & whether you have complied with FS83.56 by giving written notice to the landlord to cure.

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Answered on 7/11/03, 1:32 pm


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