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Im a tenant and file an emergency motion for final judgement…

Customer Question
Im a tenant and...

Im a tenant and file an emergency motion for final judgement eviction. I submitted to the judge the reason of stopping my payment because my sister is not belong to the unhabitant surrounding , sex in the cabana mold and lots of repairs that landlord not rising the problem. Can the judge still can evict us?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Floridan my sister is just 12 year old

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

One year contract and since we moved to the apartment they never fixed the problem. Door patio no locked , mold dishwashing machine , toilet clogged ,flooded the master bedroom etc. the community is free smoking but our bathroom smells of terrible smoked and marijuana.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We call fire fighter and they gave the landlord 4 hours to fix the water sprinkler that is painted. we call code compliance also

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
10/5/2017
Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 126,897
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Lawyer: Law Educator, Esq., Attorney replied 10 months ago

If you provided proof to the judge that the landlord was in breach of the lease by all of those violations and not making repairs, then you had a legal right to hold rent with notice to the landlord. If you presented proof of that in court, the court should deny the eviction. Furthermore, you should be suing the landlord for breach of lease for not making repairs because that breaches your warranty of habitability that the lease guarantees you and if you want legal representation for suing the landlord for that breach of lease, legal aid can assist and represent you if you cannot afford an attorney.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Landlord-Tenant
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Experience: Attorney with over 24 years experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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