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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36240
Experience:  Attorney over 16 years, landlord 26 years
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There is a 99% chance that the apartment that I live in is

Customer Question

There is a 99% chance that the apartment that I live in is going to be condemned tomorrow, when the city building inspector comes back out to check and see if the complex responded to their letter for repairs(He was first here in June 2016). For which they have not, considering there's cracks in the foundation where water in literally flooding my apartment to where there is standing water. We ripped up the rugs and the cracks are only getting larger. I am not the only apartment in my building having this problem and there are at least a minimum of 4 other buildings in this complex going through the same thing. I first notified the old property manager in writing in the beginning of May and asked for a copy, but was told there was no toner in the copy machine. The second time I did a written complaint, I wrote it down myself and had the office make a copy. I also listed the many maintenance requests going back to 8/2015 that had yet to be taken care of. This past Friday 8/19/16, I went to the office again, to only find out that None of my written complaints were in my file. I also contacted the state, only to find out that when this complex changed Property Management Companies, they never informed the state, county or city and was advised by all to obtain a lawyer for my own protection.
I have renters insurance, but not flood insurance. My youngest daughter has Not been able to live with us, because of her sever allergies. I have been paying rent for a 3 bedroom apartment and because of the mold, can only use two and the management was made aware of this and refused to move us to another apartment. According to my lease, my rent is and always has been current, they were first notified in writing to fix this problem, that I finally sent them a 7-Day to Cure Letter by Certified Mail. As well as to the Property Management Company. My lease does protect me from having to pay my rent.
Now, legally, if it should be condemned tomorrow, what are my rights? Does the complex, city or county have to help me and my family get into new housing and help pay to get in? What about moving expenses?
BTW, the bookkeeper told me on Friday that if I was so unhappy, if I left quietly, they would let me out of my lease and refund all deposits. I said, not a chance, this is Dangerous and I would Never put another family what you have put mine though this past year!
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Customer: replied 9 months ago.
Thank you
Customer: replied 9 months ago.
I have been doing some research and I know that in the Sunshine State Law Landlord/ Tenant Statues it's somewhere between st. 83.00& 86.43
Expert:  barristerinky replied 9 months ago.

Now, legally, if it should be condemned tomorrow, what are my rights? Does the complex, city or county have to help me and my family get into new housing and help pay to get in? What about moving expenses?

If the property is condemned, then the landlord has a legal obligation to put you up in a hotel until it is made safe and habitable for human occupation. The landlord is in breach of contract for failing to provide a habitable dwelling as required under the lease.

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So you have the legal right to sue the landlord for a prorated refund of any rent since this problem has come up and been unresolved. I see a judge ruling that the entire property is uninhabitable and the landlord owes you a full refund of any rent paid since the problem started if this got to court.

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The city doesn't have any obligation to assist you in finding a new dwelling, but they might have an agency that would offer voluntary assistance in relocating you.

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As for moving expenses, yes you would be entitled to those as well as any medical costs if you or your family have had to go to the doctor for mold symptoms, which are flu-like. Further you could sue the landlord for any personal property that has been damaged due to the landlord's negligence.

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The landlord should have immediately filed an insurance claim when this first started and put you up in a hotel until the problem was cured unless he worked something else out with you.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years and just got tenants out of a hotel after 17 days due to a roofer ruining half of a house by not tarping a roof while re-roofing..

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thanks

Barrister

Customer: replied 9 months ago.
Hello?
Expert:  barristerinky replied 9 months ago.

Were no not able to see my answer?

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thanks

Barrister

Customer: replied 9 months ago.
No, I was not
Customer: replied 9 months ago.
Can you please send it again
Customer: replied 9 months ago.
As I am on SSD and have a limited income, I cannot afford the extra few dollars for the phone call consult. Sorry!
Expert:  barristerinky replied 9 months ago.

No worries, those offers are automatically generated by JustAnswer, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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Let me post my answer again..

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Now, legally, if it should be condemned tomorrow, what are my rights? Does the complex, city or county have to help me and my family get into new housing and help pay to get in? What about moving expenses?. If the property is condemned, then the landlord has a legal obligation to put you up in a hotel until it is made safe and habitable for human occupation. The landlord is in breach of contract for failing to provide a habitable dwelling as required under the lease..So you have the legal right to sue the landlord for a prorated refund of any rent since this problem has come up and been unresolved. I see a judge ruling that the entire property is uninhabitable and the landlord owes you a full refund of any rent paid since the problem started if this got to court..The city doesn't have any obligation to assist you in finding a new dwelling, but they might have an agency that would offer voluntary assistance in relocating you..As for moving expenses, yes you would be entitled to those as well as any medical costs if you or your family have had to go to the doctor for mold symptoms, which are flu-like. Further you could sue the landlord for any personal property that has been damaged due to the landlord's negligence..The landlord should have immediately filed an insurance claim when this first started and put you up in a hotel until the problem was cured unless he worked something else out with you..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years and just got tenants out of a hotel after 17 days due to a roofer ruining half of a house by not tarping a roof while re-roofing....thanks

Barrister

Customer: replied 9 months ago.
They are talking about knocking the building down. So are they only obligated for a hotel or possibly a new place to live?
Expert:  barristerinky replied 9 months ago.

They would have to pay for a hotel until the determination is made about whether it would be demolished or not. If it is, then there is likely something in your lease that states if the building is destroyed, then it terminates the lease. So you need to review your lease to see what it says about what happens in the event that the building is destroyed by fire, water, storms, etc. and what happens to the tenancy.

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thanks

Barrister

Customer: replied 9 months ago.
Is it possible for me to pay the remaining balance on the 3rd when I get my SSD check? You were extremely Helpful and just received a text about an automatic payment that was just taken out of my bank account 1week early!!! I can't win these days!
Expert:  barristerinky replied 9 months ago.

No worries, you can take as long as you need. The question will remain open as long as you need it to be...

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thanks

Barrister

Customer: replied 9 months ago.
I'm already out of my lease because they did not perform maintenance requests in a timely manner.
Customer: replied 9 months ago.
I'm worried about the future tenants and their health and safety!
Customer: replied 9 months ago.
Thank you very much Barrister
Expert:  barristerinky replied 9 months ago.

The city should make sure that the building is either fixed or torn down and likely won't allow any more residents until it goes one way or the other..

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You are very welcome. Happy to help any time.

Barrister

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