Legal Question in Landlord & Tenant Law in Florida

House full of mold.........

I purchased a townhouse in Homestead, FL on March 23, 2007 from a ''friend''. This place was completely renovated by Alex, he said the previous renters destroyed it. Less than one month after closing mold began to damage several of the walls. By mid-July mold was all over the place + is now uninhabitable. I hired a professional mold inspector that found evidence of pre-existing mold damage of at least 2 years, he said there is also evidence that the seller tried to cover this up when he renovated it. We are trying to litigate but money is short.

Problem is we also lease an apt from him in a different area. Once he found out we had spoken to a lawyer he said we had to leave. He gave us our 45 day notice + demanded rent payment by Sep 16. We sent the rent check via certified mail on Sep 10. He came to our door today Sept 18 stating he had not received our check + demanded that we write a new one. We showed him the copies of the check and the certified letter receipt, but he continued to demand a new check, threatening us with eviction. He even crossed over the threshold yelling at us. We called the police + filed a report. We are moving asap, have until Oct 27th to leave. What are our rights? Can we make him stop harrassing us?


Asked on 9/18/07, 6:19 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: House full of mold.........

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you can make him stop harassing you by continuing to call the police if he comes by again. You are entitled to the peaceful enjoyment of the residence while you reside therein. I do not know if it is possible but you may be able to to to the post office and have them try to track the certified letter. Generally you have to pay extra for tracking services but they may have a way to do it anyway.

As to the mold issue, if you can prove that your friend/seller knew about the mold and tried to hide it, you have an excellent case under Florida law. You may even be able to find an attorney who will take the case on a contingency or hybrid payment method.

Scott R. Jay, Esq.

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Answered on 9/18/07, 9:55 pm


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