Legal Question in Landlord & Tenant Law in Florida

My mother rents a duplex she has been there a couple of years now and her problems began in july her air conditioner started to not cool the house. The landlord sent his maintenace worker out and he did quick fixs but only resolved it for 1day he came at least 3 times so her electricity bill was almost doubled due to the problems turns out the entire unit needs to be replaced so she has had no AC since mid-july now we are in august about a week ago the water heater busted and her entire home was covered in about an inch and half of water! So u can imagine the damage not to mention she is close to retirement so she has bags packed to take to her country which was all damaged! So with no AC the smell is unbearable! The landlord informed her today his insurance will not cover any of her property damage and she has to move out by the end of the month! She does not have renters insurance but is there anything we can do? Please any ideas would help!


Asked on 8/16/10, 4:20 pm

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If the property has become inhabitable, then your mother is not bound by the lease. She is entitled to her damage deposit back and any rent paid in advance. As for her personal belongings, you already know that she should have had renter's insurance and if she didn't, then she accepted the risk of loss due to fire/flood/etc. The courts will not protect those who could have protected themselves, so there is no legal action that she can take against any person to repay her for the loss that she has experienced.

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Answered on 8/21/10, 4:31 pm


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