Legal Question in Landlord & Tenant Law in Florida
I rent a room from someone in Florida. We both signed a lease for 6 months which is about to be up and I'm getting to move. Recently, it was dicovered that his cats have fleas and he's done nothing about it since and now my bedding, clothes and room are infested with fleas. I'm waking up with flea bites all over. My question is; Do I still legally have to pay rent? Even though the house has a flea infestion that he continues to ignore.
1 Answer from Attorneys
Yes, but. First thing, read your lease, paying particular attention to the manner in which you might be required to notify the landlord of a problem. If it says you have to notify him, for example, by mail, you have to notify him by mail, even if he lives in the same house and you share a refrigerator. If you don't notify him in the manner in which it is required in the lease, you could be out of luck. BUT suppose there isn't any provision like that, and you've told him once if you've told him 100 times about the fleas - and he still won't do anything about it.... he is required to furnish you a habitable room. I don't think many judges would consider a flea infested room habitable (assuming you can prove your case in court). You can withhold the rent from him BUT you MUST pay the rent to the Clerk of Court, assuming you want to take him to Court OR you think he will try to legally evict you. If you don't pay the Clerk the rent and your case winds up in Court, you are going to lose.
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