Legal Question in Real Estate Law in Florida

Does constructive Eviction apply in my scenario?

Hi,

I own a small gym where we've had roof leaks for 2 years and a moldy smell for the last several months. The landlord will replace ceiling tiles, but we are a women only facility and men have to come in to change them. Does this constitute grounds for constructive eviction?

Thanks!


Asked on 2/28/08, 5:54 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Does constructive Eviction apply in my scenario?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. Work can be done at a scheduled time or during the off hours. In the worse case, you could close for a day or two while repairs are being made. Just because a repair has to be done does not constitute constructive eviction.

Scott R. Jay, Esq.

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Answered on 2/29/08, 12:50 am


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