Legal Question in Landlord & Tenant Law in Florida

I reported my apartment to code enforcement after 1.5 months of swarming in my bathroom and my landlord doing nothing. Code enforcement cited him for a violation (termite infestation) and sent him a notice that said he had to exterminate and repair all damage caused by termites. According to FL Statutes, landlords must comply with all housing codes or they may be found in material noncompliance. Following what was outlined in the statutes, I sent the landlord a 7 day noncompliance letter that stated he had 7 days to exterminate and make repairs to bring the apartment back in compliance with housing code or I would be terminating my lease. After receiving both my letter and the code enforcement inspector's letter, the landlord agreed to call Orkin, have their maintenance man do repairs, and send a cleaning company out to clean up the dead termites. They said that Orkin exterminated a couple days ago. However, I was at work when they supposedly came, and the landlord will not provide me with any paperwork as proof that extermination occurred.

1.) Do I have any legal rights to obtaining a copy of the paperwork?

2.) If the biggest problem area (the bathroom) is spot treated but there are still termites remaining in the rest of the apartment, will I still be able to terminate my lease? The ceilings are sagging in areas, the flooring is very uneven, and the walls have this rippling look to them because termites have cored out the studs. I'm nervous that the structural damage may result in damage to myself, my pets, or my property through a ceiling collapsing etc.


Asked on 4/04/10, 11:47 am

1 Answer from Attorneys
Lesly Longa Longa Law P.A.

If the landlord has not remedied the problem, regardless of whether they actually sent someone, send a letter by certified mail with return receipt informing the landlord. Your landlord has a duty to keep your place free of pests and termites. There is information on landlord-tenant law available at: http://www.800helpfla.com/landlord_text.html. There are links to the Florida statutes on that site too. Regards,

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Answered on 4/13/10, 9:03 am


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