Legal Question in Landlord & Tenant Law in Florida

I hope you can help. A friend moved into a condo (landlord owned unit) in Miami, Fl in September 2014. By mid November there is MAJOR construction going on, right beneath his unit. Construction dust all over the place - in his screened in patio/balcony, on cars, etc. Pool is unusable. Noise starts at 8am. He works nights so sleeps late. One day, his car was blocked in by a back hoe, making him late for work. Foreman says this could go on through April 2015. Landlord is ignoring his calls, texts and photos. He doesn't want to break the lease because he doesn't want to go through another move again so soon. But...this is NOT what he signed up for. Legally, is he entitled to a rent reduction? What is the proper procedure to do this when landlord is not responding? I told him to just send a check for $200 a month less along with a letter explaining why, plus photos. And take $200 off each month along with pics until the project is completed. Help appreciated!


Asked on 12/08/14, 9:53 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

His lease agreement controls his rights and obligations. He needs to start by reviewing that with an attorney. there is no statutory entitlement to a rental reduction. either you have quiet enjoyment of your unit or you don't. That said, perhaps the landlord would rather give him a reduction than having to deal with is breaking the lease. this is subject to a negotiation. He needs to hire an attorney to assist him through this process.

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Answered on 12/08/14, 10:28 am


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