Legal Question in Real Estate Law in Florida

I rented an apartment. The model apartment I was shown was fine. I signed the lease this past Saturday and they gave me the key. I went into the apartment after signing the lease to find hundreds of cockroaches. In no way can I live in these conditions, but they will not let me out of the lease. I have a health condition that will not sit well with constant fumigating. I also have 3 children that I cannot have living in these conditions. Do I have a legal leg to stand on as far as getting out of the lease?


Asked on 6/21/10, 11:04 am

1 Answer from Attorneys
Carolyn Jones Law Office of Carolyn R. Jones

Under Florida law, the landlord has certain duties to its tenants. Chapter 83 provides for ways for tenants to protect themselves when landlords violate their duties. Here is a provision from the statute that pertains to your particular issue. 83.51(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written notice, if necessary, for extermination pursuant to this sub paragraph

The statute further provides for a way to end the lease. You probably want to consult an attorney or legal services in your area.

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Answered on 6/22/10, 11:54 am


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