Legal Question in Landlord & Tenant Law in Florida

I having been renting a house since july of this year and the landlord was suppose to fix the kitchen floor. He has not fixed and the floor is get worse. I have a two year old who tries to eat the piece of the floor. Can I break my lease for unsafe living conditions?


Asked on 11/30/09, 4:08 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It depends on the condition. It does not sound like it is unliveable. You may be able to repair it and deduct the repair costs from your rent. You need to document the effort to get it fixed and your complaints with letters and pictures.

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Answered on 12/05/09, 6:12 pm
Brent Rose The Orsini & Rose Law Firm

I agree with what Mr. Wagner has said except that Florida law doesn't allow you to make repairs and deduct it from rent. That law was repealed a few years ago.

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Answered on 12/06/09, 1:38 pm
Lucreita Becude Lucreita D. Becude, P.A.

Take pictures and have it documented - ie have several witnesses to the pictures WHO ARE NOT

related to you. Then inform the landlord that you are leaving due to the conditions. You can sue your landlord in small claims court for the return of your deposit.

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Answered on 12/07/09, 10:44 am


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