Legal Question in Landlord & Tenant Law in Florida

i signed a 1 year lease in July,I have problems with numerous leaks and the management has not corrected them yet. I can not live with pots sitting around catching rain water, plus constantly having to clean mold off the Lanai ceiling from the moisture from the leaks. Can I terminate my lease? I have been here 2 months.


Asked on 9/06/10, 6:29 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You must notify the landlord in writing of the problems and detail what repairs need to be made. You must give the LL adequate opportunity to make repairs and access to the property. The LL has a duty to maintain the property in "habitable" condition, and this includes keeping the roof water-tight. If you vacate due to the leaks, make sure that you have proof of the ongoing problem and lack of repairs. Photos, and credible witnesses. The LL will likely sue you for lost rents, but LL has a duty to mitigate his damages, and will have to be able to prove that he made the repairs and that he advertised the property for another tenant. Whoever has the most proof of the condition of the property and provides the most credible testimony will win in court.

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Answered on 9/11/10, 7:56 am


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