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legalgems
legalgems, attorney
Category: Landlord-Tenant
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I own a home in Florida that has a mold problem that's being

Customer Question

I own a home in Florida that has a mold problem that's being remediated currently. Because of this, I've put my tenants up in a hotel that I've been paying for (and hopefully my insurance will reimburse me for). It was originally estimated that the project would be done in a week but it's coming up on a month now because mold damage was more extensive than expected. My tenant is arguing that they've been severely inconvenienced by this and is asking for a month's rent off in the new lease that would start next month. They're also asking for me to pay their electricity bill for the month of remediation and repair. Am I obligated to pay these outright? I'm certianly not trying to be unfair, but need to know what's legally required of me in this situation so that I'm not out of bounds when I attempt to work out a comprimise.
Thanks.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 8 months ago.
Most insurance policies that include mold issues will reimburse landlords so long as they exercised due diligence in addressing the problem, and hired a certified mold remediation specialist. According to code 83.51(1)(a)(b), the LL must ensure the building conforms with all building, housing and health codes; Landlords are often involved in lawsuits involving mold. Damages include:damage to personal propertyrelocation expensesmedical expenses for any mold related illnesses For the electrical issue, since they were not in the unit, that would be a reasonable demand, as presumably a portion of the bill was used by the remedial professionals. As for the free month's rent, that is not legally required, as payment for alternate living situations is generally sufficient. However, if the unit does not have a kitchenette, the court may very well allow a per diem, or reimbursement for expenses incurred for meals. Additionally, even allegations of health concerns in a lawsuit would cost thousands to defend. As such, many landlords will make some concessions to the tenant and require that the tenant sign a full release so that they cannot sue for additional damages. It is very important to hire an attorney to draft an effective release, because one that is self drafted may not be effective, and can result in the landlord having to pay a legal judgment should the tenant sue in court successfully.
Expert:  legalgems replied 8 months ago.
Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!

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