Legal Question in Landlord & Tenant Law in Florida

I would like to take my college apartment to small claims court. My account with them has recently been given to a collections' agency. Is it too late to take action. I do not feel as though I owe them for the last month's rent because they refused to remove trash from under my unit from a former tenant. They claimed because it did not affect me directly, there was no issue. Also, the carpet was dirty and should have been replaced and I had an ant infestation so bad, they would pop up in different places like my closet, bathroom, kitchen under the washer. They did agree to come out and spray but at times when I was not available. (I did not feel comfortable having anyone in apartment without being present because of their history of theft.)


Asked on 11/26/13, 2:44 pm

2 Answers from Attorneys
Michael Spoliansky Attorney Michael Spoliansky

Based on the information you've provided, it does not sound like you have a valid claim against your apartment management company. Unfortunately, the law does not allow for self-help remedies in the types of situation you describe; namely ones that do not impact the apartments habitability.

It is not too late to take them to small claims court. However, I find it very unlikely that you will win on the merits of your case for non-payment of last month's rent. Whether you feel that you do or do not owe them is not for you to determine. Given the clear dispute, you can either try your luck in front of a judge, or settle the account yourself.

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Answered on 11/26/13, 4:52 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Your lease agreement controls. Have it reviewed by an attorney

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Answered on 11/27/13, 8:19 am


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