Legal Question in Landlord & Tenant Law in Florida

question about renter's rights

2 years ago I rented a cottage behing my landlord's home. Shortly after moving in, the walls bubbled and the floorboards rusted, the result of water damage to the building. When I complained, he hired a ''handyman'' to scrape and repatch the walls, but he didn't allow time for the walls to cure/dry before doing so. The problem returned immediately. I again complained, but did not pursue it. His wife had abruptly been diagnosed and was dying of cancer, and I felt bad since he was going through such a tragedy. A year later the problem has become a health issue. The bubbled and rusty areas are spreading and I am having respiratory problems. I recently scraped the damage to find mold underneath. The rent here is very low for this area (we know why!) and I absolutely cannot afford to move. This was obviously a previous problem prior to my renting and was hidden from me, never discussed, and was not visible when I moved in. The lease expired last year so I am on month to month. Can I legally force my landlord to fix the problem without raising my rent? What are my legal rights in this situation and what actions should I take to have the problem fixed?

Thank you,

Gloria S.

Coral Gables, Florida


Asked on 7/16/07, 7:50 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: question about renter's rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Probably not. Since you are on a month to month, the landlord can raise the rent at anytime without any reason upon giving notice at least 15 days before the next monthly rental payment is due (for example - by the 15th day of the preceeding month if rent is due on the 1st day of the next month). If repairs are required, an increase in rent is a valid method to recoup a landlord's investment.

Having said that, if the problem is really mold and it has caused health issues for you or your family, you may have a valid claim against the landlord for damages. You should consult an attorney to discuss this matter.

Scott R. Jay, Esq.

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Answered on 7/16/07, 8:21 pm


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