Legal Question in Real Estate Law in Florida

Is our rental agreement legal and binding if my husband and i are both on the contract but I never signed? The landlord "promises" to get everything fixed. It is unlivable. It has a broken window. Is infested with roaches,ants and spiders. The ac is broken. If he planned on fixing these things wouldn't he have already. Can we get our deposit and 1st months rent back? or is the contract binding?


Asked on 9/05/09, 12:40 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The rental agreement is binding, but under FL law you may be able to get out of the lease under these conditions. The need to provide pest control and AC would be dictated by your lease, but the LL is required to maintain windows under FL law. What you must do is give the LL 10 days written notice of the unlivable conditions and your intention to withhold rent until the conditions are repaired. If the conditions are not repaired within 10 days, you may withhold rent. When the conditions are repaired, you must pay the back rent. If the place is unlivable and not repaired after notice, you can break the lease (i.e. move out).

Hope that helps.

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Answered on 9/09/09, 11:28 am


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