Legal Question in Landlord & Tenant Law in Florida
Does a home flooded with Sewage void a lease?
This friday, my family awoke to find that our apartment had been flooded with sewage from the apartments on the above floors. We also found that all the first floor apartments had the same issue. When we contacted our office, they didnt not see this as an emergency situation, did not call a plumber till several hours later, did not send anyone to pump out the sewage, did not send anymore to repair the carpeted rooms flooded with sewage, did not offer another apartment or to put tenants in a hotel until the situation was corrected. Does this cleanly break our lease, and is there anything that can be done to make reperation for the damages to all of our furniture / posesions now soaked with sewage? I have several pictures as do my neighbors of the damages. I had to wade through sewage to save as much as i could, and still my family is having to sleep in one section of the apartment to keep the sewage area (Master bathroom, master bedroom, master bedroom closet, and the guest bathroom). We are using the bathroom in the main office, and the employees there refuse to call a manager to speak with any of the tenants. What can we do? we want to move but it will cost us if this doesnt break out lease...
2 Answers from Attorneys
Re: Does a home flooded with Sewage void a lease?
Read your lease. If the apartment is a health hazard and uninhabiltable you may move out. Have you reported this to your local Department of Health?
They are not responsible for the property damages caused by a storm.
Re: Does a home flooded with Sewage void a lease?
Yes, you are entitled to move out and not pay rent if this has made the area uninhabitable, especially if there are foul odors remaining, not to mention mold and mildew accruing that may make breathing difficult. If the sewage is due to plumbing problems in the building, then the owner of the building is liable and you should file suit to recover the costs of your belongings if they or their insurance refuses to reimburse you.
You may want to have your family checked by a doctor to make sure they have not acquired hepatitis, asthma or any other possible illnesses resulting from exposure to sewage water.
Your damages may be limited if any of these plumbing problems were caused by the recent hurricanes.
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