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Roy Hadavi
Roy Hadavi,
Category: Legal
Satisfied Customers: 770
Experience:  Attorney at Law Offices of Rosenstein & Associates
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My apartment was flooded and I cannot occupy the apartment.

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My apartment was flooded and I cannot occupy the apartment.
JA: Where is the property located?
Customer: Jax Fl
JA: Has any paperwork been filed?
Customer: Only with my renters insurance.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My landlord said that I have to continue paying rent even though I cannot live in the apartment. They say I can live in the apartment. With the flood damage and the possible mold and the smell that is not an option.

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Florida Statutes Section 83.201 provides that if the rental unit becomes uninhabitable "the tenant may withhold rent after notice to the landlord." The tenant must provide a written notice giving the landlord at least 20 days to make the repairs and "stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed." Once the landlord has made the repairs, the tenant must pay the amount of rent that was withheld. If the landlord fails to make the repairs within the 20 day period, you may either agree to extend the time for the repairs or abandon the rental unit, keep the withheld rent, terminate the lease and "avoid any liability for future rent or charges under the lease."

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