Legal Question in Landlord & Tenant Law in Florida

Hello, I am lucky enough to live next to my landlord (ha!) in a duplex. About a month ago, I tripped and cut my leg on this broken flower pot that was in our half of the yard. It is not mine, to be honest, I don't know why it's there. It's in 3 pieces. I have told her three times now: the first in person, the 2nd via email, and the 3rd via letter that I want it out of my yard as it has already injured me and I don't want it to again. It is not mine so I'm not just going to get rid of it - also, she's already been a little "evil" so I refuse for her to push me around. I have moved it about 3 feet away out of my direct walking path TWICE and TWICE it has been placed back where it has originally injured me. I have one month left (July) of my lease but I am SO done with this woman, I'm already paying for another house and I don't want to pay her $825 for a house she bullied me out of wanting to use for a month.... My question: is should I ASK her first to use my security deposit as "last month's rent" and to agree to not bill us any extra charges on move out after we clean and let us out of our lease a month early? Or, or, AND/or should I issue the "7 day warning" I've read about informing her that we are witholding our rent until she removes it. That lets me win the battle, however it is still $825 down the drain. She's TRYING to rent the house out sooner to "help us out" but no one wants to live next to this woman (they are smarter than I was a year ago, clearly.) I'm copying the email I sent to her. Back story: I had a recent mental breakdown. She makes it worse.

(I attached a picture of my cut leg next to the planter in the original email... Also, I mentioned the carpet because I was too stupid to document it properly and I didn't realize how horrible she was before I moved in)

"First, I'd like to ask that you communicate with me only through email, text, or notes and not knock on the door as I'm having the roughest 2 weeks of my life and I do not want people that may upset me to be talking to me directly.

Second, the broken pottery in the back/side yard cut the crap out of my leg when I was chasing after one of my dogs. I had no problem covering up the exposed nails in the carpet in the living room before I moved Spot in, because I was aware of the danger and it wasn't enough to deter me from moving in - I temporarily fixed it in 10 minutes. But the pottery in the backyard, I didn't really thinking about being a problem. To be honest, I'm not sure how much I even noticed it until I thought I was going to have to get stitches because of it. If it's somehow the neighbors', I'd be happy to talk to them instead. Otherwise, I'd really appreciate it being removed from the yard so it doesn't hurt anyone else."

Thank you so much for your help!! : )


Asked on 6/25/14, 6:26 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Have an attorney review your lease. You don't have a right to withhold rental due to the defect you discuss. Your knowledge of the pot and its dangerous condition eliminates most of her liability for any damages you sustained. Seek legal help.

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Answered on 6/25/14, 7:27 pm


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