Legal Question in Landlord & Tenant Law in Florida

I moved into an apartment complex in July of 2009 and signed a 1 year lease. When I looked at the apartment, everything was fine, and actually still is with the apartment itself. What they (intentionally) failed to tell me is that behind the trees from my front door (about 100 yards away) is a waste water treatment plant (sewer plant) that dispenses this gut-wrenching, rotton-egg odor into the air about 4 or 5 days a week. It is so bad that I have to try to hold my breath from my front door to my car. If I leave for a day or two, when I get back home, I have to run my water in my sink and bath for 15-20 minutes to get some of the smell out of my water. By then, my whole apartment stinks beyond belief because of the water's odor. I can't open the windows because the odor is usually just as bad or worse outside. On a side note, because I can't open my windows, I have to continuously run my A/C, even on the beautiful fall days and this runs my electric bill up. On top of that, because I have to run my water for 15-20 minutes, it jacks my water bill up as well. Also, since July, I have had serious sinus problems and headaches. I have had several sinus infections back to back that my doctor said that could possibly be from that.

I have complained but I know that there's nothing they can do. They should have disclosed this info before I signed the lease. If I would have been told this beforehand, I would not have moved in here. There only answer to my complaints is that they are sorry and that they have been talking to them (the sewer plant) and they hope to have a resolution sometime in the future. They did say that when I am away from home for a day or two, just call them in the office and they will have someone from maintenance go inside my apartment and run my water for a while so it doesn't stink so badly when I return. My response to her was... that is a nice gesture, but you guys charge me for the water I use. She said "I'm sorry".

I only want to be able to move from here and get my deposit back as soon as possible (lease is up in July, 2010). That's it.

In your opinion, what problems might I run into? And, should I have an attorney send them a letter?


Asked on 11/30/09, 4:10 pm

2 Answers from Attorneys
Lesly Longa Longa Law P.A.

You can find free information on landlord-tenant law at http://www.800helpfla.com/landlord_text.html. You could have driven around the complex before signing the lease.

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Answered on 12/05/09, 11:11 pm
Lucreita Becude Lucreita D. Becude, P.A.

If it is shown that your health problems are a result of this sewer plant, I suggest you sue the plant naming the apartment complex as a party to the action as they knew this situation when they rented the apartment to you. I would also ask for a return of my deposit and notice them that you are moving due to health problems. I doubt that they will try to stop you under the circumstances.

One of the things an apartment complex must maintain is sanitary conditions - obviously this has been violated.

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Answered on 12/07/09, 10:41 am


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