Legal Question in Real Estate Law in Florida

Fla. Modular Home Rental Breach of Lease

1) Can I break the lease for nonrepair of the items listed in my move in sheet and letters since move in? And 2) can i sue the Landlord in the Small Claims court in the state of Fla.

The answer to question number one is: yes. The answer to question No. 2 is: probably no.

You must do a seven day notice to cure all the defects and if not cured within the seven days, then your notice must specify to the landlord your intention to terminate the lease. Any lawsuit for breach of the lease or for a refund of any moneys for reduced rental value, AFTER you gave the notice, probably will be filed in Circuit Court, not the small claims court. Your suit is likely controlled by chapter 723 of the Florida statutes which deals with mobile homes. The clerk will probably not help you and you will likely need the assistance of an attorney unless you are knowledgeable in law. As I'm not sure for what you intend to sue, other than breach of the lease, it is difficult to say whether you can formulate a cause of action recognizable under the small claims rules.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

Fla. Modular Home Rental Breach of Lease

What you can and cannot do is primarily governed byyour written lease agreement. Hence, you shouldconsult an attorney who can review that agreement.Nonetheless, there are some statutes governing your situation. One is that if you pay rent withknowledge of problems, you waive your right to get reimbursed. The other is that before you can withhold rent or terminate a lease agreementdue to the landlord's breach or failure to keep the premises up to code, you have to delivera written notice giving him seven days to complyand notifying him of your intent. If the landlordfails to correct all the problems he is requiredto correct, either under the terms of the leaseor by Florida Statute, you can then either terminate the lease and move out or if you stay, pay an amout prorational to the amount of the diminished value. Unfortunately, this is verysubjective. Best thing to do is consult a lawyer about your particular situation before youbreak your lease.