Legal Question in Landlord & Tenant Law in Florida

I live in Florida and recently I had an apartment fire. There was serious smoke and water damage and during the moving period, the apartment became infested with bugs. We've tried to get the complex to cover the $2000 + damages that we sustained (the fire was caused by faulty wiring in an AC unite that wasn't maintained). I wanted to know if we have anything that resembles a case and if it would be worth looking for a lawyer. We're so tired and demoralized at this point. We also did not have renters insurance.


Asked on 1/15/13, 4:17 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You may have a claim against the apartment complex for the faulty maintenance causing the fire. The problem is that that case could cost $5000 or more in costs to prove up and if your damages are half the costs involved, the case is not worth pursuing. In addition, unless you have some lease agreement that provides for attorney's fees if you sue them under the lease you wont get any attorney's fees back either. You would need to pay the attorney's out of pocket. Unless the apartment is willing to negotiate with you without a suit, the case is not worth pursuing.

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Answered on 1/16/13, 5:32 am
Lucreita Becude Lucreita D. Becude, P.A.

I would disagree with Mr. Stein. I think you have a great case for pursuing. I suggest you use the small claims online service and do this yourself to save money. Lease or no lease, the fire was caused by the faulty wiring and that is the landlord's obligation. If I can be of assistance, please contact my office for an appointment. Will try to work this out with you to save costs. 904-997-1031

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Answered on 1/16/13, 8:20 am


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