Legal Question in Real Estate Law in Florida

Time Limit after signing lease to leave?

I just signed my lease and moved into my apartment 10 days ago. The problem with leases is you never really know what your apartment and the complex itself will be like until you've already signed the lease.

In the ten days I've been here, I've had my bathroom flood twice due to a faulty bathroom spout (which maintenance did fix), the alarm has still not been programmed and the battery is dead on it anyway, the microwave provided has now died and by the time the holiday has passed, it will be a week before it's fixed, the dishwasher is not running correctly and last but definitley not least, I have green and black mold growing all over the floor boards in my bedroom closet. As I have asthma, it has been very hard to breathe and I've had to use my inhaler much more than usual.

In addition, due to non-related personal reasons, I am now considering leaving the State. Because I have only been here ten days, is it still possible for me to let them know and get my security deposit back? They have a security deposit of $1905.00. $400 is for my pets but the rest is because I am currently unemployed and only have a few years of (perfect) rental history. Please help!


Asked on 12/24/02, 8:31 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Time Limit after signing lease to leave?

Without reading your lease, I cannot tell you whether there is an escape provision that will allow you to terminate the lease early. Visit a physician regarding the asthma problems associated with the mold in your unit. You should consider retaining a lawyer to file a civilaction for breach of the lease if the landlord does not let you out of the lease. Good luck.

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Answered on 12/26/02, 3:09 pm
David Slater David P. Slater, Esq.

Re: Time Limit after signing lease to leave?

Read your lease to see if there is a provision for terminating early. If not, obtain a doctors note regarding the mold and its hazardous condition. Use this as your excuse. It may persuade a judge if your are taken to court. Good luck.

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Answered on 12/24/02, 11:57 pm


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