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My friend in Delray Beach is living in an apartment with…

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Hello,My friend in Delray Beach...
Hello,My friend in Delray Beach is living in an apartment with mold. She's lately having unexplained nausea and vomiting. I think she has a case to sue, wanted to ask a professional.
Submitted: 10 months ago.Category: FL Real Estate
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Answered in 2 minutes by:
9/26/2017
Lawyer: JudgeLaw, Attorney/Hearing Officer replied 10 months ago
JudgeLaw
JudgeLaw, Attorney/Hearing Officer
Category: FL Real Estate
Satisfied Customers: 39,335
Experience: Attorney/Hearing Officer
Verified

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Has she made any demand on the landlord for remediation?

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Customer reply replied 10 months ago
No she hasn't.
Lawyer: JudgeLaw, Attorney/Hearing Officer replied 10 months ago

Thank you for the additional information.

Her first step is to make a written demand for repairs by the landlord. Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then she can sue for breach. In the course of the suit she may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

She will still have to sue and the risk is that the court finds the premises WAS habitable and she will end up being liable for breach.

Make sure she has a written record of the damages and your request for repairs.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: JudgeLaw, Attorney/Hearing Officer replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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