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I've been renting a house for two years in November. The

Hello, I've been renting a...
Hello, I've been renting a house for two years in November. The entire second year has been without a lease. i notified my landlord of water damage starting in the exact same spot he told us had severe water damage while the last tenentswere
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: in the house and he never did anything or even reply to my texts what legal action can we take
JA: Has anything been filed or reported?
Customer: Florida
JA: Anything else you want the lawyer to know before I connect you?
Customer: we have pictures of the damage but have not reported it, recently found the mold and suspect we have been having symptoms from mold
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Answered in 5 minutes by:
9/23/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,013
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Thank you for your patience and I’m sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability. All residential leases in Florida and rental agreements in FL (basically oral agreements that are month to month) contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase

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Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 1 month ago
we did not pay rent this month and were planning on leaving. I'm worried my landlord will snake his way out of paying me back for my security deposit. Many things in the house have been falling apart caused by never having been properly fixed. Is there any way to protect myself from losing my security deposit due to his negligence?

I understand what you mean. The trouble is that there is nothing outside of a court order that will force him to give you back your security deposit. You would have to either hope that he gives it or go to small claims court if he doesn't. Usually, most people won't want to deal with the cost and expense of going to court at all so I'd recommend sending him a complaint letter advising him that the law allows you to go to court, but to prevent unnecessary and expensive litigation where he is likely to lose, it's best just to give you the security deposit. What other questions did you have for me?

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Customer reply replied 1 month ago
okay, thank you very much. you have been great!

You are too kind and the pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,013
Experience: Licensed to practice before state and federal court
Verified
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Legal Eagle
Legal Eagle
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Category: Legal
Satisfied Customers: 6,013
6,013 Satisfied Customers
Experience: Licensed to practice before state and federal court

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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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