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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46208
Experience:  Attorney with 29 years of experience.
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I am on a long term visit in Florida to evaluate whether I

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I am on a long term visit in Florida to evaluate whether I can live down here independently, I have Parkinson's & if I need assisted living may have to return to Georgia. The significance becomes clear shortly.
I signed a 7 month lease on a triplex apt. I've asked multiple times for multiple repairs but the landlady hasn't done them. I don't think she's a bad landlord I think she over burdened like everyone else.
My question is what are my rights? I had decided to leave as soon as I could but now have a large hole in the ceiling that reveals plaster over asbestos sheets. The repair will be extensive & take a lot of time & expense & huge amounts of dust. She was well aware of the roof leak that caused the problem. Perhaps the asbestos, I don't know. She said the leak had been fixed and her son would fix the ceiling within a few weeks.
It has been two months. I've kept her aware of the situation as well as numerous other repairs. We have had a cordial, non adversarial relationship til now. I've been patient as I understand difficult times. I'm confident I would not be penalized for breaking the lease even should she try.
My problem is I cannot afford this sudden move. I have no choice but move before I had planned & budgeted for.
I don't want to get rich off her difficulties or be put up at the Ritz Carlton. I do however think she is responsible for at least some of my out of pocket expenses.
I'm pretty sure she will not be forthcoming unless she knows I am only asking for what she can be compelled to do. Not out of meanness but she's having hard times like everyone else.
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. You have various rights here. With every rental comes the implied warranty of habitability,
which includes the tenant's right to the safe, healthy, peaceful and quiet
enjoyment of the rented premises. When you have issues such as you have which go unremediated, a tenant would
clearly not be afforded such enjoyment of the premises....and therefore the
landlord would be in breach of the implied warranty of habitability. This puts
the landlord in default. This gives the
tenant the right to terminate the lease and sue for damages, including the cost
of moving plus include reimbursement of a portion of all prior rent to date to
compensate for the reduced value of the rental property due to the reduced
benefit of the tenant's rental bargain due to the inhabitability. Furthermore, although the tenant has the
right to terminate the lease due to the breach, the tenant is not required to
do so. Rather, the tenant can file a claim against the landlord for damages due
to this breach. Damages would include reimbursement of a portion of all prior
rent to date to compensate for the reduced value of the rental property due to
the problems, and to either reduce the rent going forward or pay the tenant for
temporary living expenses, at the tenant's option, until the problem is fully
remediated.



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Thanks for allowing me
to be of service to you. Please be aware that the information provided here is
not legal advice. Rather it is simply general information. All states have intricacies in their laws
and any information given is simply information only and specifically is not
intended to be, nor does it constitute, legal advice. This communication does
not establish an attorney-client relationship with you. I hope this answer has
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Richard, Attorney
Category: Legal
Satisfied Customers: 46208
Experience: Attorney with 29 years of experience.
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