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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 9996
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I have a question we moved in a trailor in December it has

Customer Question

I have a question we moved in a trailor in December it has issues I have asked the matiness man to fix the leaky roof and its alful I have pics, we cant take a bath because the tub drains all up under the tub. this is just a few things there are more I have pics is there anything legally we can do/
JA: What state is this in? And how old is the mobile home?
Customer: Jacksonville Fl and I don't know how old the mobile home is, we moved in with promises that it would be fixed seems a lot of putting me off today its raining and my front bathroom is leaking in the window and at the ceiling into the light fixture I have pictures on my phone. I am afraid it has black mold I have respiratory problems already
JA: Has anything been filed or reported?
Customer: like what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: i am so frustrated i cant even take a bath with the floor getting all wet when then tub drains many issues. which Mr. Miller that is the matin ,man
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 7 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 7 months ago.

I am sorry to hear this; were dates given as to when the repairs would be made?

Customer: replied 7 months ago.
ok
Expert:  legalgems replied 7 months ago.

Thank you for your patience;

so implied in every lease is the covenant of habitability.

This means that the premises must be fit for human occupancy, and is codified in the following statute:

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.

(d) This subsection shall not apply to a mobile home owned by a tenant.

(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

If the unit is not habitable the tenant may either terminate the lease, or the rent shall be reduced to reflect the circumstances; that statute is here:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.56.html

The courts generally require the plumbing to be up to standard, and the walls and windows to be leak proof. Particularly given the serious health issues that may be caused by mold.

Further questions? Please post here to continue the chat.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Expert:  legalgems replied 7 months ago.

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.

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