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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 33405
Experience:  Began practicing law in 1992
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I signed my lease on april 5th 2016 I officially did not

Customer Question

I signed my lease on april 5th 2016 I officially did not move in until april 18 th 2016. The day I moved in there was hundreds of live termites flying around the apartment. I spoke to the management and they sent an exterminator who treated the unit but the bugs returned the next day and there was even more. I did not pay my rent due to the infestation and I wound up not even living there. They filled for an eviction on may 23rd 2016. On may 2oth I typed out my sent a 7 day notice to fix the termites issue or I would terminate the lease. The letter was sent certified mail on may26th.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

Implied in every lease is a warranty of habitability. You should file a counterclaim against the landlord for breach of the lease due to the premises being unhabitable, as infested by termites.

Customer: replied 1 year ago.
On may 30th I filled a file motion to determine my rent and also sent in a reason why I did not pay the rent to the court. This was hand delivered to the court. ( I also sent a certified copy to the landlord / building.)On june 2nd the court denied my request for a motion to determine my rent and is requiring me to pay $2000 to the court registry. They said I failed to have a bona fided issue supporting by sufficient documentation “Today june 7th the heath department came to the building and stated they are in violation and is giving them 60 days to fix the issues. If they don’t fix the issues the health department said they will be fined..Tomorrow a professional termite company “bug be gone” will be at the building to
To write me an inspection of the place.I have lost all my furniture, had to give away my dog because he was getting sick because of the termites and I will be losing my security. I do not have 2000 to pay the court and I do not want to live there. I have to save my money to get a new place since I lost everything. I cant afford a lawyer and I need to know the steps I need to take to get my security back and also get my 1st and last month since I could not live there. Also I have been extremely stress about this issue and I have high blood pressure.1st letter
Date: 5/20/16
Tenant: meThis is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) or material provisions of our rental agreement. If you do not complete the following repairs, non-compliance, violation or default, within seven days I intend to terminate the rental Agreement:TERMITE INFESTASHION – UNLIVEABLE
4-25-16 first official notice was sent. Withholding rent due to this non-complianceThis letter is sent to you pursuant to Florida Statute 83.56.
Letter to court
May 31, 2016
Case # *****
To the clerk of the court,The reason why I have not paid my rent is because the apartment is infested with thousand’s of termites. I have made numerous complaint’s and called the landlord over 10 times and nothing is being done. They need to have a professional termite exterminator to look at the situation. Not only is my apartment infected the whole building in including common hallways are infected.May 31, 2016
Case # *****
To Whom this may concern,I would like to file a motion to have the court determine the amount to be paid for my rent at*****#3 Miami beach, Fl 33141. The apartment is infested with termites and has been since I moved in. I had to throw away all my furniture and had to give away my dog because the living condition was inhabitable. I have not lived in the unit since April 20th 2016. I also have video footage.ALSO THE MANAGEMENT COMPANY PUTS THE BUILDINGS IN DIFFERENT NAMES SO KNOW ONE REALLY KNOWS WHO THE ACTUAL LANDLORD OR OWNER IS. They have multiple lawsuits
Customer: replied 1 year ago.
The eviction is already processed and they will be evicting me but I don't care because I can't live there. I don't know what to do
Expert:  Loren replied 1 year ago.

If the eviction is already order then it may be too late to do anything but leave.

The court does not take letters. You would have needed to personally appear to answer the complaint.

Was there a money judgment entered?

Customer: replied 1 year ago.
I walked in to the court house and hand delivered the letters, but i didn't include the 7 day notice.
Customer: replied 1 year ago.
they stamped the letter
Expert:  Loren replied 1 year ago.

Did you appear when the case was called in court?

Customer: replied 1 year ago.
I don't care if i get evicted because i have not lived there since the 2nd day i moved in. There was no court date. I never saw a judge
Expert:  Loren replied 1 year ago.

If you do not care about the eviction and you no longer live there then there is nothing you need to do, other than make sure no money judgment was entered.

Customer: replied 1 year ago.
Ive lost everything because of this apartment. I'm trying to fight back to get my money back back. first, last and my deposit. I have a place to live so i don't care if they kick me out
Customer: replied 1 year ago.
temporary place to live till i save enough to move
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

You should retain local counsel and sue the owner for breach of the lease and seek recovery for your damages.

The Florida Bar maintains an excellent online referral program:

Customer: replied 1 year ago.
I've called lawyers and legal aid and just about everyone. I want to do this my self because I don't have the money to pay a lawyer. How do I do this myself is my question
Expert:  Loren replied 1 year ago.
File in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Customer: replied 1 year ago.
Do I have to wait till after the eviction?
Customer: replied 1 year ago.
Do I sue a certain person or building?
on my eviction it says plaintiff is 965 apartments LLC
Expert:  Loren replied 1 year ago.
The landlord named in the lease.
Customer: replied 1 year ago.
Im sorry but I would prefer to work with a different Expert.
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. Different expert here, this is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. 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.

What specific questions do you still need addressed? Please list them for me so it's clear.

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