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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118686
Experience:  Attorney with over 24 years experience.
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How do I file in my lease and seek recovery and stress. I am

Customer Question

How do I file for breach in my lease and seek recovery for damages and stress. I am in eviction now but I have documentashion on why i did not pay rent. Termite infestashion
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I sent a 7 day notice to fix issue - Nothing was fixed
*I also walked into court house and filed a motion to determine my rent and also sent in a reason why I did not pay the rent to the court. This was also DENIED
* I have a report from health department and they are going to be fined if they don't fix issue in 60 days
Expert:  Gerald-Esquire replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You do this as part of the eviction process. When you receive the Sommons and Complaint directing you to appear in Court regarding the eviction you need to file a response. To raise the issues that you are discussing you will file an Answer to the Complaint. You will also file a countercliam for the damages that you are seeking from the Landlord.

The clerk of the Magisterial Court should have the forms that you need.

Do not neglect to respond to the complaint that the landlord files.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Expert:  Gerald-Esquire replied 1 year ago.

This link has more detailed information about this process:

Kind regards,


Customer: replied 1 year ago.
I filed a responce and motion to have court determine the rent.
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 called the office again and they treated the unit 2 more times . The termites kept coming back the next day and was always worse.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.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 xxxxxxx 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.
Expert:  Gerald-Esquire replied 1 year ago.

I'm not certain what additional information I can provide you. I will opt out so that another expert may be able to assist you at no additioanl charge. Please do not rate me or respond so that the question may reopen for another expert.

Kind regards,


Expert:  Law Educator, Esq. replied 1 year 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.
I am a DIFFERENT CONTRIBUTOR, as your previous expert has opted out.
Your previous contributor provided you with correct information regarding what you need to do in your matter.
Did you have any specific additional questions, as I saw your reply, but there is no other specific question and what the previous contributor told you is what you need to do.