Legal Question in Real Estate Law in Florida
Clean apartment
The apartment I just rented is filthy. There were maggots in the refrigerator, there is food dripping in the stove, the bathrooms and floors are dirty. Do I have the right to ask for it to be cleaned before I move in? The landlord says no, that I rented it ''as is''. I signed the lease on July 2nd with the move in date July 8th and he said it would be ready for move in on the 8th. He replaced the fridge and cleaned the molding carpet. But he will not clean the stove or anything else. He says he already paid someone to do that.
1 Answer from Attorneys
Re: Clean apartment
I do not believe that you have to move in to an apartment that is dirty with a refrigerator infested with maggots. Although these issues are not covered directly under the Florida residential landlord/tenant laws, I suggest that you let the landlord know that he/she has two choices. He/she can clean the apartment now or he/she can clean the apartment after you have called the city/county code enforcement department or health department when the landlord is cited. If the landlord will not cooperate, do make the appropriate telephone complaints. This is obviously not a friendly way to start a relationship, but your landlord has left you with no choice.
Under Chapter 83, the landlord has the duty to maintain the apartment. It is my opinion that based upon the facts which you have set forth, the landlord has violated his responsibilities and breached Florida law. I strongly suggest that you consult an experienced real estate attorney if you are unable to resolve this matter amicably.
Scott R. Jay, Esq. 305-249-8000
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