Legal Question in Landlord & Tenant Law in Florida

We live in Florida and were evicted for non payment of rent. We followed proper textbook channels per Florida statute sending a demand letter But instead of landlord fixing issues they evicted us and judge ordered us to put funds in court registry which we did not have. We were given a separate date for our countersuit which includes illegal shut off of water by landlord, turning property over in unsanitary conditions (against state and county statute and codes), property was infested with fleas which we mentioned to landlord the first day. Landlord sent pest control guy over and gave us a quote for 450. Landlord decided to drop off a 6 pack of flea spray instead because of the cost. We have been kicked out of our home, landlord lived in home prior who had 4 large dogs, we have no animals (we are allergic), landlord knew we used our last dollars to move in and we paid 3000 per month plus 3000 deposit to move in and now we have no home, all of our belongings and clients belongings are ruined and infested with fleas, property was so decapitated our 5 year-old son was standing on dock of the bay when dock collapsed, our son had to be bathed for 5 months in cold water with RID shampoo to get thousands of fleas out of his head, we still have fleas. Prior to moving into the property we had never seen a flea. We have quotes from the second week we were there from 8 pest control companies, called police and they verified fleas present on report, much more. We have countersuit for damages for 15000 (statutory Max). Any answers as how to win this case? We have a lot of credible witnesses, photos and demand letters that we sent certified. Please help


Asked on 11/02/15, 9:48 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You needed legal advice when you started down this path. The issues you raise are not going to be won on the fact as presented. You would need expert testimony to present your infestation issues and medical support for the fleas and personal problems. I am assuming you don't have the funds to pay for this type of evidence and therefore you wont be successful in the pursuit of your claims. You want personal injury type damages so you have to prove negligence on the part of the landlord and permanent injuries as a result. I would seek some counsel now with all your evidence.

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Answered on 11/03/15, 6:10 am


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