Legal Question in Real Estate Law in Florida

My husband and I had recently put a contract on an apartment for rent. We have withdrawn from the contract because of inhabitable conditions and now the landlord wants to take legal action. When we put the offer the apartment was in good condition and when the lease was written we were informed by our realtor that we were getting new floors. After asking the reason why, we were told that there was water damage from an accident that happened in another apartment. We looked at the apartment again to see the damages and there was mold and mildew in the floor boards and the wood floors were uneven due to water under it. The landlord wanted us to move in first and then he would do the repairs. My husband and I suffer from allergies and I am 8 months pregnant and we decided not to move forward with the contract. The lease was to begin on Nov 1st. However after a few days we were told that the landlord has agreed to do repairs which would be completed before we move in.
The lease was for Nov 1st and as of Nov 4th nothing was done. We were told that the lease would become void if we didn�t move in by then. Can the landlord claim damages

Asked on 11/06/12, 12:26 pm

David Slater David P. Slater, Esq.

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He can try, but you have a valid defense as the apartment was not what you bargained for and not ready.

Answered on 11/06/12, 1:00 pm

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