Legal Question in Landlord & Tenant Law in Florida

Problem with landlord and nuisance tenants....

I have lived in the same place for 6 1/2 years. I have a landlord who does nothing at all, basically doesn't even know her tenants as of now. Her husband, who isn't even on the deed to the property at all, is the one who has been moving in tenants. I am surrounded by tenants who go out of their way and think they are above the noise ordinances of our city and play loud music, video games to the point I have machine gun fire coming through my living room ceiling and my front bedroom, used as an office, as well. I have asked them many times to keep the noise down because I work from home and have had to call the police day and night on several occasions to take care of the problem. Yet, when they come out there is nothing really that they do. I had overheard a conversation between both neighbors, upstairs and beside me, to just keep doing it on purpose and they do. I have called the landlord and she does absolutely nothing about, neither can the police. Is there someone out there that can help me with this situation? I have low funds, but am in need of some relief. My nerves are shot and can't afford to move and shouldn't have to go through this every day and night. Any help would be much appreciated. Thanks.


Asked on 7/24/08, 2:41 pm

1 Answer from Attorneys

Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: Problem with landlord and nuisance tenants....

I'm not sure where in the state you are located, but here is a suggestion as to finding some legal assistance. If you are close to a law school, you may want to give them a call and ask if they have any legal clinics for landlord - tenant issues. Services can sometimes be free, but they are sometimes hard to get since there is a limited amount of cases they can handle. Also, these clinics are sometimes set up so that you must make less than a certain amount of income to get services. Clinics are a teaching tool for law students to get practical legal experience, and are supervised by licensed attorneys that now teach at the school, and usually have many years of experience.

Also, you could try to contact your local legal aid society. The services may be significantly discounted, but they also usually have constraints on how much income that you can make, and how many cases they can take.

Otherwise, you should call some local attorneys, and see about getting quotes. There is some ability to fee shift in landlord - tenant claims (to put it simply - losing party has to pay the other party's cost and fees), so you may be surprised at what you find out.

Elaborating on all the potential issues and outcomes is a little to lengthy for this answer, which is why you may benefit from looking into the above. There is something referred to as constructive eviction in which something that a landlord has control over causes a substantial loss of use and enjoyment by a tenant. However, you should really speak with an attorney in your area that can fully counsel you as to your remedies and how to proceed.

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Answered on 7/24/08, 11:11 pm


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