Legal Question in Landlord & Tenant Law in Florida

I am a snowbird from WV renting in Bradenton FL. Rented sight unseen on advise from a "friend". Signed a handwritten paper from landlord in NY. It was not notarized. After a month, I emailed him that I was moving out. Trailer was dirty, had bugs, broken furniture, deplorable furniture, creatures in the ceiling (mice, rats, squirrels??), broken appliances. He wrote back that he will sue me for the 5 months rent. Does he really have a legal right to sue me with the condition of his property?


Asked on 12/16/09, 9:10 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It makes no difference whether the lease was notarized.

The LL may have breached his obligations by failing to provide pest extermination. However, your remedy was to give him written notice of the breach and opportunity to cure, which you did not do.

I would be willing to fight in court that the dwelling was untenable, and thus the LL cannot hold you to his handwritten lease. It is arguable, though.

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Answered on 12/22/09, 2:56 am
Lesly Longa Longa Law P.A.

It does sound like the landlord breached his duty to keep your premises free of pests, etc. If you gave him written notice and requested that he repair the condition of the premises, then he cannot evict you for this. In addition, he will have to make an effort to find another tenant and mitigate his damages. You can find free information on Florida landlord-tenant law at http://www.800helpfla.com/landlord_text.html. Contact an attorney for further assistance. Regards,

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Answered on 12/28/09, 8:12 am


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