Legal Question in Real Estate Law in Florida
I am currently living in an apartment that has a mold problem in the utility closet where my air conditioning unit is located. I have brought the problem the the attention of the management group who deals with the problems that arise in the apartment. I noted it on the inspection sheet when I first moved in and made a request one month later to have it fixed. Someone was sent out and I was told that because there was standing water nothing could be done until a leak in the air conditioning unit was fixed. A month later nothing had been done. It has now been six months since I have moved into the apartment and there is still a mold problem and water is still leaking from the air conditioning unit. What are the legal responsibilities of the landlord in this situation? Would I be able to legally break the lease? What can I do to resolve this issue?
1 Answer from Attorneys
Without examining your written lease agreement, it is impossible to give you a comprehensive answer to your question. That being said, Chapter 83 of the Florida Statutes controls landlord-tenant relationships in Florida. The following link will direct you to Part II of the Chapter 83 dealing with Residential Tenancies.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/part02.htm&StatuteYear=2008&Title;=->2008->Chapter 83->Part II
Section 83.51 concerns a landlord's obligations to maintain the leased premises. You do have rights and remedies under Florida law that may allow you to terminate the lease agreement if landlord fails to cure landlord's breach of the lease by failing to maintain to premises in a mannter that makes it habitable for the tenant.
If you cannot work out a settlement with the landlord, then you may be forced to file a suit to terminate the lease agreement and obtain a final judgment blessing such termination. Your lease agreement may contain provisions requiring written notice to landlord of certain events, so make sure that you read it carefully and that you comply with all notices requirements timely. Even if written notices are not required under your lease, I recommend that you document everything, including all communication with the landlord or its representatives, in writing, and that you send such writings in a way that one can later verify was received by the intended recipient.
Good luck.
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