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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31789
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My daughter is renting a house in Riverview, Fl. In July

Customer Question

My daughter is renting a house in Riverview, Fl. In July 2015, the walls in the bathroom grew moldy and the counter tops in the kitchen began to warp on a newly remodeled house. After several calls with the property mngr and three or four weeks of promising to attend to the situation, a contractor was sent to the house. My daughter and boyfriend were put up in a hotel, without the ability to cook or refrigerate food. They were told it was for four days. That turned into a month and a half. They moved back in while the kitchen floor which was also damaged was still being worked on. She did not pay rent for the time out of the home. The mngmt has gotten an eviction notice, delivered today, 12/29/2015, effective 01/03/2016. She has made attempts to find an attorney in her area to represent her, but is being told by all that they don't do housing issues. It is common for the homeowner to have insurance coverage for loss of use, but the mngmt co.refuses to act on it. That would cover their losses for the time my daughter was out of her home. Any suggestions?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Under Fl. Stat. 83.56(1)(a), you wouldn't be liable for rent during the time that the property is untenable. Here's a link to the statue:

Expert:  Roger replied 1 year ago.

As for whether the landlord has insurance to cover any costs or expenses associated with the unit being untenable, that would obviously depend on the policy.

Expert:  Roger replied 1 year ago.

Also, the lease could outline what duties the landlord agrees to undertake in the event that the property isn't safe to live in. But, it is not likely that the landlord is going to do more than the law requires.

Expert:  Roger replied 1 year ago.

That said, the landlord should be responsible for any reasonable expenses you've incurred as a result of the relocation.