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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38256
Experience:  Attorney over 17 years, landlord 26 years
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Is property damage a cause to break the lease? Florida, no,

Customer Question

Hello, is property damage a cause to break the lease?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has any paperwork been filed?
Customer: no, and I'm not sure of what you mean by paperwork.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: Landlord-Tenant
Customer: replied 3 months ago.
On 6/16/17 an older man drove into our rental house...a lot of damage to the front of the house...a couple plywood boards cover the hole where a large window was...nothing has been done.
Expert:  barristerinky replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Is the house uninhabitable or is the damage mostly cosmetic?

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Have you had the local Housing Inspector or Code Enforcement officer out to inspect?

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What it the landlord waiting on...insurance?

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thanks

Barrister

Customer: replied 3 months ago.
We're living in the house...damage looks like it's more than cosmetic, there is an 8ft by 6ft hole covered by plywood sheets. looks like a load bearing wall has been shifted. a housing inspector came out the day of the accident. Landlord says he's waiting on the guy's insurance (gieco). nothing on even when repairs might start.
Expert:  barristerinky replied 3 months ago.

Ok, then your recourse is to call the local Code Enforcement office and request an inspection. They can cite the owner and force him to make repairs to the property regardless of whether any insurance payment has been received or not.

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If they think the house is uninhabitable they can condemn it and then the landlord would have to put you up in a hotel at his expense until repairs are made so you can move back to the property.

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But unless it is actually determined to be uninhabitable then the damage wouldn't rise to the level of giving you grounds to terminate the lease without potential repercussions.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.

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Thanks

Barrister