Legal Question in Landlord & Tenant Law in Florida

Hello Lawguru I have an issue and would greatly appreciate if you could answer it . I moved into some apartments on Sept, 8th,2009. The day i moved into my apartment it was dirty just unprepared. It took them the next day to clean it. So that night i slept in a dirty apartment.Prior to sept.08,2009 i picked up my keys on sept 03,2009 and my apartment was dirty. I complained to staff she said it would be clean Friday morning Sept.04,2009 but it wasn't. Keep in mind lawguru I signed my lease on Aug.31,2009 with rent already paid.So They had a week to clean my apartment. Later that night on September 8th 2009 i got off work and discovered I have roaches everywhere.comming out of my refrigde and up my sink. Lawguru I refuse to live in these conditions. I've complained.They sprayed twice but the roaches is still in my apartment. So it's clear to me I have a pest problem I have asthma and the chemicals in the spray affects my health condition. The tentants in my building keeps trash outside their apartments and i have proof. I took pictures. This is the reason i have pest issues. lawguru i only stayed in my apartment for 3 days out of this whole month of september. I'm paying $430.00 a month not including utilities for a apartment I cannot live in. I want to break my lease without consequences.Lawguru i held up my part of the lease by paying my $99.00application fee and my first month rent. It's not right i had to move into a unprepared apartment and have to deal with roaches. There is nowhere in my lease stating i have to tolerate pest. Lawguru i want out of these apartments. What actions should i take? Thanks.


Asked on 9/28/09, 2:35 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

See the helpful handbook on FL landlord tenant law located at http://www.800helpfla.com/landlord_text.html.

Section 83.51(1), F.S.

The landlord's responsibilities will depend on the type of rental unit. The landlord of a dwelling unit at all times during the tenancy shall:

Section 83.51(1)(a)(b), F.S.

Comply with the requirements of applicable building, housing and health codes; or

Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads;

Keep the plumbing in reasonably good working condition.

The landlord's obligations may be altered or modified in writing with respect to a single family dwelling or duplex.

Section 83.51(2)(a), F.S.

In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:

Extermination of rats, mice, ants and wood destroying organisms and bed bugs.

Locks and keys.

Clean and safe conditions of common areas.

Garbage removal and outside receptacles.

Functioning facilities for heat during winter, running water and hot water.

If the Landlord Does Not Comply

Section 83.56 (1), F.S.

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge's determination in the case.

If the LL is in material breach of the rental agreement, you may terminate your tenancy.

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Answered on 9/30/09, 12:46 pm


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