Legal Question in Landlord & Tenant Law in Florida
Is there anything I can do??
I am ten weeks pregnant and I moved into my apartment complex on Nov 16, 2008. The day I moved in, there was water soaked in the carpets from the living room, into the bathroom, the bedroom, and my closet as well. I called maintenance immediately and a few hours later, extractors showed up to remove the water. When they arrived, they stated they smelled mold developing. I've been sick ever since. They moved me into a new unit that now reeks of animal urine. The sent out a carpet cleaner but the smell is still deeply laden in the carpet. They refuse to replace the carpet or move me into another upgraded unit. What can I do?
1 Answer from Attorneys
Re: Is there anything I can do??
Your options will depend upon the terms of your lease if you have a written lease agreement. The law requires a landlord to provide a "habitable" unit. However, a house or apartment is generally considered not "habitable" only if there is a serious risk to life or health. The first problem, the mold, may have qualified as a threat to health. A serious stench is likely not a habitability issue.
Thus, whether you can get out of your lease or force them to provide another apartment will depend on whether or not the lease has any representations or promises concerning the condition of the apartment over and above habitability. If there are no additional representations or promises, your ability to force them to provide an additional unit may be limited. However, if there are additional representations or promises, you may be able to use that language to either force them to provide another unit or to allow you to terminate the lease.
We can help advise you as to what your options are, and execute a plan of action. Please contact my office for more information.
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