Legal Question in Real Estate Law in Florida
the condo above had a leak from a shoddy, unpermitted, uninspected shower and toilet job. although i didn't suffer material damages (except to the drywall on the ceiling), my tenant moved out. the owner took 5 months to fix the problem. can i sue her for lost rent?
1 Answer from Attorneys
You are a landlord, and the owner of the condo above your rental unit failed to fix her leaky toilet, right? You may have a claim against her if you can prove that she owed you a duty to fix the toilet, that she failed to fix the toilet in a timely manner, that the tenant moved out because of the leaky toilet, and that you suffered damages as a direct result of the leaky toilet. You may also be required to show that you did every thing in your power to mitigate your losses, and that other tenants refused to rent your property due to the leaky toilet up above.