Legal Question in Real Estate Law in Florida

Tenants

What rights does a tenant have to break a lease when tenant has complained to landlord about continued drug use and drug sales occurring in the complex. Landlord has done nothing to ensure tenant safety or evict the drug sellers.


Asked on 4/28/00, 2:53 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Drug usage-Grounds to break Lease

FACTS: Tenant complained to landlord about continued drug use and drug sales occurring in complex. Landlord has done nothing to ensure tenant safety or evict drug sellers.

Q. What rights does a tenant have to break a lease?

A. F.S. 83.56(1) addresses Termination of Rental Agreements where a Landlord materially fails to comply with the rental agreement after 7 days written notice to correct and intention of tenant to terminate, if not corrected. Quiet & peaceful use and enjoyment are implied in a rental agreement, if not specifically set forth. You should also file a complaint with the local housing authority/code enforcement office/police department. You could take pictures/videos and turn them over to the proper authorities and possibly remedy the problem in that fashion.

Bottom line: protect youself and loved ones by getting out of a dangerous situation and don't worry about the money.

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Answered on 6/17/00, 4:30 pm


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