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Our upstairs neighbors hot water heater leaked and our

Customer Question
Our upstairs neighbors hot...

Our upstairs neighbors hot water heater leaked and our ceiling is about to fall in. We both work till 5 pm and we have 2 big dogs. I notified the landlord of the leak and it took them 3 days to turn it off and stop the water leak. There is mold and rodent feces in the ceiling and the only option management gave us is to allow them in the apt to work while we are away. Our furniture and belongings are going to get contaminated. I notified them of my concerns and asked for other options. They have given none and our lease is up December 26th. I didn’t pay rent for December because they are not giving us any option on moving us to another apt or any other option. Can I cancel my lease and will I get my deposit back?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

I sent management a notice on nov 28th of the leak. They sent someone on the 1st of dec to fix it. It leaked for there days

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/18/2017
Lawyer: Gerald-Esquire, Attorney replied 8 months ago
Gerald-Esquire
Gerald-Esquire, Attorney
Category: Landlord-Tenant
Satisfied Customers: 5,455
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald-Esquire, Attorney replied 8 months ago

Hello,

Thank you for your patience and 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 can terminate the lease booth because the lease term is up and because the apartment is not fit to live in. The landlord is obligated to provide a unit that is fit to live in.

You need to do this in writing and you want to do so quickly because we are so close to the end of December.

Take as many pictures of the damage that you can.

If the landlord refuses to return your deposit do not hesitate to bring an action in magisterial court. If the landlord unreasonably with holds your deposit you may be able to get punitive damages (2 to 3 times the deposit).

I hope the information I provide is useful to you. 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.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank 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 is educational and not given as 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.

Kind regards,

Gerald

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Lawyer: Gerald-Esquire, Attorney replied 8 months ago

These links may prove helpful to you in dealing with the landlord:

https://www.floridabar.org/public/consumer/tip014/

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

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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