Legal Question in Real Estate Law in Florida

slum lords

My Mother's apartment has had a drain problem since she moved in over a year ago, everytime she takes a shower - no matter how short the aprtment floods. It is now to the point where the walls have rotted from the flooding water. Because she has had company staying with her the landlady, and the woman is constantly snooping around the place and looking in her windows she has now threatened to evict her. Does she have any recourse?


Asked on 1/07/02, 11:24 am

3 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: slum lords

It appears your mother has a claim against the landlord for breach of the lease. She may file her claim in the county court of the county where the property is located and instead of paying the landlord rent, pay the rent to the registry of the court. Your mom may be able to claim a set off for money damages related to the ongoing flooding problem and related damages. Seek the advice of counsel and good luck.

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Answered on 1/07/02, 12:37 pm
Joel Cohen Joel M. Cohen,P.A.

Re: slum lords

Sounds like a job for two men and a truck.

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Answered on 1/12/02, 10:03 pm
Randall Reder Randall O. Reder, P.A.

Re: slum lords

She needs to send a written notice (preferably by

certified mail) informing the landlady what the

problem is and that if it is not fixed within seven days

your mother plans on terminating the lease. If the

problem is not fixed within seven days, then your

mother can vacate the premises or if she remains, pay

reduce the amount of rent she pays by an amount

in proportion to the loss of rental value. I suggest she

consult an attorney before taking any of this action.

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Answered on 1/08/02, 7:53 am


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