Legal Question in Landlord & Tenant Law in Florida

We began renting a property on June 27, 2009, located at 3960 SW 1st Ave., Gainesville, FL 32607. At that time I asked the landlord what the utility bills were for the home & she quoted me $250/month maximum. She gave the same information to my husband and mother. She also admits to telling all of us this. Our bills have ranged from $460-$670 a month. I informed my landlord of this and she stated that she had no idea it was so high. Our A/C is set on 83 degrees constantly. I had a GRU energy survey done (where I submitted the results to my landlord), stating that our ceiling is registering at 98 degrees & our inner walls are registering at 87 degrees. It also stated that the ducts were blocked and the unit was undersized for the home. Additionally, we have black mold EVERYWHERE. There is an awful odor coming from the spare bathroom vents. It's so bad that we had to shut down that bathroom completely. Furthermore, we have a swimming pool that leaks and the landlords fill it with water daily. It stays green and always has stuff floating in it due to all the holes in the screen around the pool. They have taken the screens out of our windows and sewn it to various holes around the pool area. We have rats that live in the walls and have seen them run across the floor. There is a yellow liquid seeping from the ceiling in my husband's office that smells like urine. The landlords refuse to clean out the ducts or pay for proper extermination. We have a small child with a heart condition and there are rat traps in various places throughout the house. We constantly find rat feces in the kitchen, bathroom, and other places. Also, when it rains, the water comes through into the living room and into the office. We have submitted many letters to our landlords over the last three months and these problems have not been remedied. We are moving, but now the landlords are disputing this & I think are going to sue us for breaking our lease. I believe that I have given them ample time to fix these problems, and they have not. I don't know if the rats have eaten through the ducts, what the odor is coming from the bathroom, and I don't feel that we should be breathing in black mold any longer. Are they in violation of any type of housing codes? I've already consulted the Landlord/Tenant laws for Florida. I have pictures of all of these things. Please advise us about what to do. Thank you for your time!


Asked on 10/07/09, 8:57 pm

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

It seems odd that you didn't notice these problems when you first looked at the place. Keep copies of the all notice you provided to your landlord in writing. The landlord's duty to maintain the premises is embodied in Section 83.51(1)(a)(b), F.S. Rats are mentioned, as our roofs and other structural components.

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Answered on 10/08/09, 9:48 am


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