Legal Question in Mediation in Florida

Re: Landlord Question

I don't think that you can terminate the lease -- certainly without the risk of liability. They have a lease for the home. If their rent would cover the temporary housing or you have oferred to make up the differece, I think that you are OK. I would make sure that your offer is in writing, so that there is never any confusion later about what was offered and what was refused. I would probably reduce or refund some small portion of the rent while repairs are underway in light of the inconvenience factor.

Re: Landlord Question

The tenants refusal to seek temporary housing does not remove your liability, but it certainly mitigates your damages. You cannot terminate the lease. You are liable for repair of this leaking dishwasher and removal of the mold. I would follow up with a second proposal offering specific places where they can stay, what is will cost, and offer to subsidize it somewhat. If they still don't move out, then you can at least show that you attempted to remedy the situation but they refused. I recommend speaking to a landlord/tenant lawyer and perhaps a toxic mold defense lawyer (i.e.- negligence defense) in your area immediately.