Legal Question in Real Estate Law in Florida

Rental Deposit Returns

FACTS: Rented garage apt. Landlord improperly installed gas and plumbing herself. After 1 month, complained of gas leak and plumbing problem. 1 month later, still not fixed. Afraid for my health so wrote letter stating would give 7 days to fix the gas leak or would only pay 50% of the next months rent and would not pay bal. until repairs completed. Next day she came to my door and said "I will not stand for you threatening me with letters" and asked me to leave. I immediatley called the gas co. they fixed it and I left three days later. She kept my deposit for breaking the lease.

Q. Is this legal?

A. Doesn't read like she will win. F.S. 83.49 controls the return of deposits. You should prevail and recover attys. fees, if you retain an atty. You should hire an attorney. Since you gave her seven days notice in your letter, you should prevail. [You can't reduce the rent until you give a landlord a chance to make the repairs.] I would also ask for the cost of the gas repair bill.

You should have called Code Enforcement/health Dept. to check out the unit. There is a presumption that if you reported this to a govt. agency that she is retailating and, if so, then she can't evict you for six months.

Since she gave you notice to move, then you should win on the return of your deposit, if you left the apt. in broom clean condition.

It sounds as though you have a good case. Call Lawyers Referral if you don't know an atty. The number in Orlando, Fla. is 407 422-4537.