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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111546
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I recently rented a house in Collier County Florida, it

Customer Question

I recently rented a house in Collier County Florida, it listed on lease as a 3 bedroom 2 bath. After moving in we discovered that the 3rd bedroom's closet has the A/C blower equipment and can't be used as a closet. Can this room still be constituted as a bedroom? Since it doesn't have usable closet. Can the property be listed as a 3 bedroom since it doesn't have a usuable closet?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Collier County Florida
JA: Has any paperwork been filed?
Customer: We have a lease but I am not aware if the management company or owner has filed any paperwork. It was listed on the management website as a 3/2 and when it was listed for sale it was listed as a 3/2
JA: Anything else you want the lawyer to know before I connect you?
Customer: The lease just identifies the address not the specific room count or baths
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
I meant to say on the adivertisement and management page it was list as 3 bedroom/2 bath , not the lease.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order for it to be a legal bedroom it must have some type of closet space in FL. If it does not have closet space it is not legally a bedroom. However, if there is an actual closet, even if it is not usable, it is still a closet rendering it legally a bedroom.
We see this all the time and the courts hold that the tenant has a right to inspect the house before renting and they could have seen this before renting and chosen not to rent.
Customer: replied 1 month ago.
ok,Thank you for that response. What is we were unable to see the property prior to renting. Although we requested but were not given opportunity. Should we have rented the space?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
You should have refused to rent if you could not see it. However, if this one closet is an issue you can seek a reduction in rent claiming misrepresentation, but one closet is not going to be sufficient misrepresentation to void the lease.

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