We have a mold problem that we have addressed on many occasions in person and through emails to the landlord but the problem has still not been fixed even after given a deadline?

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We have a mold problem that we have addressed on many occasions in person and through emails to the landlord but the problem has still not been fixed even after given a deadline?

Do I have a case?

Asked on November 28, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I don't understand your question.  Do you have a case for what?  Your primary remedies for this are to have the problem corrected yourselves and then pursue the landlord for damages, live with it and demand that the landlord reduce your rent because of it, or try to move out. Unfortunately, the Florida Landlord Tenant statutes are not the picture of clarity, they do not provide strong enforcement rights, and it costs money to go to court over it. 

If this is a serious problem, I suggest you start by calling the County Health Department and see if they will come out and inspect the property.  If you want to try to move out, you need to look at Florida Statutes section 83.51 and 83.56.  This is a little tricky as you can move out only if the mold problem makes the property unlivable, you have notified the landlord that you are going to move out if he does not fix it, and the landlord has not made reasonable efforts to fix it. I suggest you send the landlord a notice listing all the problems caused by the mold and advising that you are going to move out because of the mold problem unless he fixes it within 7 days.  BE SURE to KEEP A COPY of your notice AND PROOF that the landlord received it.

Many landlords either know that it will cost their tenants a bunch of money to move out or to fight them in court and, so, do nothing about the problem.  Other landlords don't have the money to fix something like mold, which can be expensive to fix.

I hope this helps.  Good luck.


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