Legal Question in Landlord & Tenant Law in Florida

I signed a lease agreement for an apartment and gave the landlord a security deposit of $300; however, the first night in the apartment, I saw that the window air unit in the bedroom was infested with mold. I withheld payment and contacted the landlord right away through e-mail. I told her that I did not feel safe with the mold and that she would need to replace the unit, or I would not live in the apartment. The mold was on the vents and deep inside the unit, so it could not be simply cleaned. I took pictures for proof of the extent of the mold infestation. The next day, the landlord told me that she cleaned and disinfected the unit, but that if I did not feel safe with the apartment that I did not have to take the lease. I responded that the mold was also in the unit and that simply cleaning it wasn't enough, and that because she refused to replace the unit that I did not want to take the lease. (I took pictures of the unit after she cleaned it, which show that the mold deep inside the unit is still here). I also told her that I wanted the security department back. After several days, she finally responded and told me that she was not going to give me the deposit because I broke the lease agreement. My questions are: is there something I can do being that should refused to replace the unit to ensure that the place was safe to live? Mold can cause serious health problems. I have a document (e-mail) of her giving me the option to not take the lease if I do not feel safe, so does she have the right to not give me my security deposit? Are there legal actions I can take? Should I bring the pictures to the health department? Any advice you have to offer is most appreciated.

Asked on 11/20/10, 6:54 pm

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

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First, mold is everywhere, especially in Florida. Most mold is not harmful or toxic. Since you didn't have the mold tested, it is not possible to determine if THIS mold was harmful to your health. If you are really that concerned about ANY mold, you should have had the apartment inspected and tested for mold prior to signing a lease. The landlord should not have given you possession without the first month rent paid, but she was nice and let you move in without payment. You can sue her for your $300 security deposit. She can counter-sue for the entire amount of the lease due to your breaking the lease. You can each tell your side of the story to the court. The court will have to decide if your demands that she replace the A/C unit were reasonable, and if her response of cleaning the unit was reasonable. At the very least, you are responsible to pay for the number of days/nights that you had possession of the property. As for the health department, it is aware that mold exists in Florida, and is unlikely to be impressed with your pictures.

Answered on 11/26/10, 4:40 am

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