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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34486
Experience:  30 years of real estate practice experience.
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I have mold in my apartment and my leasing office denies

Customer Question

Hi! I have mold in my apartment and my leasing office denies that it's there, and refuses to do anything about it. They haven't even come to look at the flood damage from the hurricane that just hit us! What are my options? I've only lived there for a month.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Only with the leasing office
JA: Anything else you want the lawyer to know before I connect you?
Customer: that should do it
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Loren replied 1 month ago.

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

Expert:  Loren replied 1 month ago.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for repairs.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Expert:  Loren replied 1 month ago.

Did you have further questions? Please let me know if I have answered your question satisfactorily.

Expert:  Loren replied 1 month ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!