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MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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What are my option when I am in a two year lease regarding

Customer Question

what are my option when I am in a two year lease regarding roach infestation. when I moved in he knew there was a roach problem for the exterminator was there. Since then I had to spray every day roaches problem is getting worst they are crawling down the walls, the bathroom, on the cabinets in the microwave, refrig. I have sent him a certified letter telling him I what the roaches radiated within 7 days from the time he receives the receipt of the letter. If there is still a roach problem I want to move I do not want to live in a house full of roaches.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is commonly what is known as a constructive eviction.

"A constructive eviction may take place if the landlord has neglected the leased premises to the point where it is unsafe or unfit for use by the resident for the purposes for which it was leased. Simply put, if the landlord fails to make needed repairs to the rental premises, the landlord will become vulnerable to a constructive eviction claim."

"Florida Statute 83.56 (1) authorizes the tenant to break the lease if the landlord fails to comply with the terms of the lease after receiving written notice from the resident: "If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows: (a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance."

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