Legal Question in Landlord & Tenant Law in Florida

Drug users in apartment

The apartment I moved into had 3 people living there before I moved in. When i check it, I didn't see the drugs. Well I moved in, with 3 roommates that I never met. After a couple days, they were doing drugs. I contacted the landlord and he said I would have to pay to leave. I called the cops, and they said, they couldn't enter the rooms to find the drugs. So I packed up my things, went to my university and told them, so they gave me a dorm. Couple months later, the landlord was suing me for rent. I had pictures of their drugs, I showed the landlord, I called the cops, there was nothing they could, or would do. Am I really screwed because of some drug addicts? Either way I have to pay, to move, rent, or suffer in a place filled with drugs. I thought law was about justice, was there justice in this? Is there no outs of a apartment contract when the landlord won't let you leave a place filled with drugs, without having to pay?


Asked on 7/30/08, 5:51 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Drug users in apartment

In addition:

It sounds like you are a describing a situation where you do not choose your room mates, and you simply rent a room with a common area. Many of these "apartments" are common in college towns.

In any event you need to thoroughly read your lease to see if there are any provisions applicable to this situation which will allow you to break the lease. Additionally, if you are in a rental situation as I described above, you might ask the landlord for a transfer to a different unit. (even though you now have a dorm room) If he/she refuses you may have additional ammunition to break the lease.

The landlord can not force you to remain in a situation which is unsafe for you once he/she has been put on notice of the unsafe environment. You may want to ask your University if there is anyone on staff that assists in these matters, Many times the housing department can assist you, or at least point you in the right direction.

I agree with the previous response that you did the right thing initially to get out of the apartment where illegal activity is occurring.

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Answered on 8/15/08, 2:33 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Drug users in apartment

You were certainly in a tough spot and you certainly did the correct thing in moving out. From the landlord's perspective, though, he thinks "well why should this guy avoid paying me what he agreed to, just because he pickerd terrible roomies." You probably do have a claim against your room mates, who essentially forced you out and if you filed a claim in small cl;aims court, I think most county court judges would be sympathetic with your plight and you would probably win -- particularly since you have pictures of their drug paraphenalia.

Good luck.

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Answered on 7/30/08, 6:44 pm


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