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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I just moved to my apartment at Westbery Apartments at Lake

Resolved Question:

I just moved to my apartment at Westbery Apartments at Lake Brandon Florida about 4 months ago and the management is horrible and also the security gate is not working and has never worked since i first moved here. I have asked management what is the deal with gate and they told me "It is very expensive to fix a gate" i was shock to hear such a stupid response coming from a manager. The have failed to provide me with this service which they proudly advertise in there website as an amenity but has never worked. Is this a reason for me to walk away since they are in bridge of contract?
Submitted: 2 years ago.
Category: Legal
Expert:  LADYLAWYER replied 2 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

This would not make your home uninhabitable so under FL law, no, this would not be a material breach of contract and you could not unwind your contract because of this.

LADYLAWYER :

You can, however, ask for money to be taken off the rent based on this breach.

LADYLAWYER :

If they do not comply, you need to send them a letter giving them 7 days to fix the gate. Then you can take them to small claims court.

Customer:

So what can i ask for since they have not fix this for 4 months also my job move 85 miles away so i am driving 85 x2 round trip every day is this a excuse to be let go from a contract?

LADYLAWYER :

No, unfortuanately that is not a reason to be let out of a contract either. You can ask for money off your monthly payment.

LADYLAWYER :

Now, if they agree to let you out of your lease, then you can get out of it.

LADYLAWYER :

You need to check your lease as there may be a 30 or 60 day notice in there.

LADYLAWYER :

And the landlord has a duty to mitigate their damages, so if you left, they cannot just sue you for the rest of the lease payments.

Customer:

yes 60 day but what can i ask for money off for monthly payment and how and do they have to do that

LADYLAWYER :

They have to dilligently look for someone to be put in your apartment to take over the rest of your lease.

Customer:

So if i just left they can or they cant just sue me for the lease payments

LADYLAWYER :

For the gate not working.

Customer:

I am confused about your post

Customer:

And the landlord has a duty to mitigate their damages, so if you left, they cannot just sue you for the rest of the lease payments.

LADYLAWYER :

I mentioned this above, but you would have to send them a letter saying the gate need to be fixed within 7 days.

Customer:

so they can or they cant

LADYLAWYER :

If it is not, you can sue them in small claims for breach of contract.

Customer:

i have sent them a 60 day notice like my attorney friend told me to do

Customer:

in writng and by certified mail

LADYLAWYER :

While this is not a reason to get out of your lease, this is a breach of contract and they are liable to give you money back.

LADYLAWYER :

Yes, in writing and by certified mail, ROR.

LADYLAWYER :

Good.

LADYLAWYER :

Yes, they can still sue but they cannot just sue for the rest of your lease payments.

Customer:

So if i left without paying the fee you think they would try to sue me or ruined my credit for that knowing they never fixed the gate

LADYLAWYER :

Yes, probably.

Customer:

Ok, well i guess then i am screwed then sorry for the bad language

LADYLAWYER :

If you have given them 60 days, you should be okay though. This will afford you more protection.

LADYLAWYER :

No problem, I know this can be frustrating.

Customer:

Also i complained to the Corporate office and the general manager called me very mad and screamed at me and i told him i no longer feel secure in leaving hear cause i feel he will retaliate against me for complaining on him is this a reason to leave the place

LADYLAWYER :

You can see if they will allow you to find someone to take over your lease.

Customer:

becuase i really dont trust any open containers i leave in my place anymore since i feel anyone can just come in here in mess with the place

LADYLAWYER :

Understandable.

Customer:

they said they can but wont do a thing to help they have people come all the time but unless they say they are here to see my place they show them anything open they have

Customer:

I dont want to take all your time so then what can i do i no longer feel safe here i dont like that the gate is not working and has never worked, i have complained about a juice being missing from my house and people coming in without notifying me first what can i do

LADYLAWYER :

They cannot technically do that if you leave. They need to find someone to put in there before any other open unit.

LADYLAWYER :

So even if they do sue, if you can show that they have deliberately put other renters elsewhere, you will win.

Customer:

Ok thanks LADYLAYER thanks for your help :) i appreciate the servies

LADYLAWYER :

Hey, you're so welcome! It was my pleasure!

LADYLAWYER :

If you have any more questions, I am happy to answer them! If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

Customer:

No problem thank you.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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