Legal Question in Landlord & Tenant Law in Florida

My son recently leased a "cottage" (separate unit behind a main home; converted garage) in July, 2013 for a one year term. He received a lease termination notice dated October 18th, 2013 stating that he would need to move by November 10th, 2013 because the structure ("cottage") he is living in violates the city's code ordinances.
A copy of the code violation (dated September 4th, 2013) forwarded by the city was attached to the lease termination and stated that "permitting is required to convert a garage unit into an apartment" and to remedy the situation, a permit would need to be obtained. The owner of the property had until October 11th, 2013 to sure the violation, otherwise a hearing would be held on the matter on October 16th, 2013.
The owner did not comply by the October 11th deadline and a special hearing was held, as indicated on the initial code violation notice, on October 16th. Per the magistrate's order entered into the city record, the owner did not appear at the special hearing nor was the owner represented by a third party, i.e. lawyer, at the hearing. The magistrate then ruled that the structure was not permitted according to county/city code and that the owner would be given thirty days to come into compliance (by November 15th, 2013) by obtaining a permit, otherwise a $250.00/day fee would be assessed until the property was brought into compliance.
My son's lease termination notice is dated October 18th, 2013.
He is being asked to move out due to no fault of his.
What are our legal remedies in this situation?
The owner has offered to put into escrow the October 2013 rent already paid, to not charge for November's rent and to refund the security deposit, provided my son moves out by November 10th. No other accomodations are being made for him.
This is a forced situation and we will not be able to find comparable housing so quickly.
What are our legal options?

Asked on 10/25/13, 5:27 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

0 users found helpful

0 attorneys agreed

Seek legal help with a copy of the lease agreement. That will describe the rights and responsibilities of the parties.

Answered on 10/26/13, 9:36 am

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

Since you now know the premises are illegal, you must move out. You may be able to obtain reimbursement of any damages you incur.

Answered on 10/27/13, 3:16 pm

Keywords

Match Any Match All

Country

State

Area of Law