Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I live in Florida and signed a lease 2 weeks ago stating…

Hi, I live in...

Hi, I live in Florida and signed a lease 2 weeks ago stating pest control (roaches, rats, bedbugs etc) is our responsibility/ However, within a day of moving in we saw rats and holes that they are entering our apartment from. We sent the landlord a letter giving them 7 days to fix the holes allowing the rats in (after verbally asking) and they have not repaired the holes. After the 7 days can we legally move out and request our money back?

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

Florida

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

Yes

Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
3/14/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,116
Experience: Attorney over 17 years, landlord 26 years
Verified

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.

.

Is this a single family home?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 5 months ago
it is

Ok, the weird thing about FL law is that it exempts the owners of single family homes and duplexes from having to take actions to exterminate infestations like rats and roaches..

.

FL 83.51

(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.

.

So as crazy as it sounds, if there are rats, the landlord is not responsible for extermination under FL law and that wouldn't give you legal grounds to terminate the lease without repercussions.

.

And FL is also unusual in that it doesn't require a landlord to try to re-rent. Landlord can just sit back and let the place sit vacant and then sue at the end of the lease for the full contract.

.

With that said, I would suggest that you call the local Code Enforcement office or Health Department and ask for an inspection. If they come out and inspect the place and then cite the owner ,he has to make the repairs or they will hold him responsible in court..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 5 months ago
Okay but we didnt ask them for an exterminator/pest control just to fix the holes allowing the rodents in...is that considered the same thing?

You could argue that it was different if you terminate the lease and the landlord tried to sue, but the holes by themselves don't affect the habitability of the dwelling. So that wouldn't violate FL law. It is the rats coming through the holes that are the problem, and FL law won't make the landlord responsible for that in a single family home. I have no idea why the law is that way, as it seems it is easier for the landlord to maintain his property to be free of rodents and vermin, but that is how the law reads..

.

But to be honest with you, I just don't see a judge holding a tenant liable for vacating a place with a rat infestation..

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,116
Experience: Attorney over 17 years, landlord 26 years
Verified
barristerinky and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Okay thank you.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,116
43,116 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

43,116 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am living in an apartment where rats have moved into. The
I am living in an apartment where rats have moved into. The management was notified seven weeks ago now, and pest control was just brought out last week Tuesday to set traps in the building. I, myself… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
That would be great! Texas, yes we've received an opinion
Texas, yes we've received an opinion from an attorney we know but have not hired one. … read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,055 satisfied customers
This is nazanin, and im living in Arizona state. lately, i
hellothis is nazanin, and im living in Arizona state. lately, i had a problem with my apartment that i moved in 2 months ago, after 3 weeks of my moving i found some very tiny roaches on my apartment … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have a nice, clean, remodeled rental unit that the toilet
I have a nice, clean, remodeled rental unit that the toilet sewer line came disconnected that when discovered what the issue was, was repaired immediately. Before we discovered the sewer line disconne… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
Moved in to apartment on Saturday. Doors were broken and
Moved in to apartment on Saturday. Doors were broken and sliding door latches were busted. Noticed roaches on the counter and in the fridge by our food the next morning! The place is infested and not … read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,236 satisfied customers
This is a request Estate Landlord/Tenant law. What laws
This is a request for Real Estate Landlord/Tenant law. What laws specifically apply to our situation as follows? If the laws support our situation, what would it cost to have you write a strongly writ… read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers
I live in North Carolina and am renting an apartment. I've
I live in North Carolina and am renting an apartment. I've notified my apartment management of bed bugs in my unit. They advise it is my responsibility to pay for treatment. I pay for pest control eve… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I am in a renter and my apt has rats and my landlord is not
I am in a renter and my apt has rats and my landlord is not correcting the problem. What are my rights?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Issues with the home were promised to be fixed before move
Issues with the home were promised to be fixed before move in June 1. We had to delay our move in because of rats. They offered us 250.00 concession when our rent is 2300.00 a month, we lost 14 days! … read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,236 satisfied customers
I moved into a new apt on Dec 29th. Nothing was cleaned,
I moved into a new apt on Dec 29th. Nothing was cleaned, as I was told it would be. They came and cleaned the carpets as I was moving in. The place is infested with roaches, they are spraying but stil… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Can I break a Lease if a Landlord was aware of a rat problem
Can I break a Lease if a Landlord was aware of a rat problem in a rental home and did not disclose it prior to my lease being signed. I live in Seattle Wa. I currently rent a home since 7/2014. In Sep… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,116 satisfied customers
I just paid my apartment complex rent last week and this week
I just paid my apartment complex rent last week and this week I discovered a termite infestation. The termites have spread to my new bed set and are crawling a flying everywhere. I notified the renter… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,116 satisfied customers
I am a Nevada tenant and have been in the same residence
I am a Nevada tenant and have been in the same residence (a house) for 4.5 years. Suddenly, two months ago, we have been getting rats in the attic and walls. We have never had a rat in our living spac… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I recently rented an apartment in Broward county. We were shown
I recently rented an apartment in Broward county. We were shown the model by the manager and told the apartment we were renting was identical, but we couldn't view the actual apartment because they we… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,116 satisfied customers
I had my house fumigated prior to a tenant moving in. She found
I had my house fumigated prior to a tenant moving in. She found one roach and is now flipping out. She's already been a pain in my butt since day one and has made unruly demands for little things that… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I moved into a rental property a little over 4 months ago at
I moved into a rental property a little over 4 months ago at the beginning of February. I have one house cat, who never steps a foot outside or even onto the enclosed patio. When I was shown the apart… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I entered a rental agreement with a 1 year lease in February
I entered a rental agreement with a 1 year lease in February 2012, in Tampa, FL. We've had a handful of issues but the most overwhelming is a rat infestation in the attic, with occasional visits insid… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
43,116 satisfied customers
Live in a rental, we have roaches bug treatment in vain, Help!
I live in a rental in Salt Lake City, Utah and we have roaches. They came by recently with a "bug treatment" called Demon used by our paid maintenance guy, not a professional. We are still seeing roac… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x