Legal Question in Landlord & Tenant Law in Florida

Broke lease due to unsanitary living conditions

I broke my lease in September 2008 because my landlords refused to repair a leak in my ceiling caused by TS Faye. I had a 2 week old baby and my ceiling was beginning to cave in and mold was growing on the ceiling and in the carpet where it leaked. When I confronted my landlord about this he told me that there were over 100 other apartments that had the same problem and most were worse than mine, so they had to take care of those first. He also stated that he didn't know how they were going to actually ''fix'' the leak because the apartments weren't bulit very well, so they were pretty much just going ''patch it up''. I told him that I wasn't going to risk my newborn getting sick or dying because they didn't want to do their job, and I was moving out. He told me to do what I had to do. Well, I did that and now I have received a call from the apts lawyers telling me that I owe them $700 for breaking my lease! I told them the whole story and advised them that I have pictures of the damages and plenty of witnesses, and if they wanted to take me to court, go ahead! This was in October 2008, and I haven't heard anything else from them. I was wondering if I have grounds to take them to court and sue them?!!! What should I do?


Asked on 2/17/09, 2:18 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Broke lease due to unsanitary living conditions

Why would you take them to court? You haven't suffered any damages. You've moved out of the apartment and nothing has happened. You may have heard the last of it.

If they sue you, you have a defense. Your defense is that you have been "constructively evicted," that is, your landlord couldn't keep your home in a sanitary condition.

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Answered on 2/17/09, 2:23 pm


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