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I have a question about my situation with my landlord due to…

Customer Question
Hi. I have a...

Hi. I have a question about my situation with my landlord due to water damages in the house I rent, but not due to my negligence or caused by something I did.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that the landlord is delaying any repairs and we have rent due soon, but feel that his carelessness and lack of concern is going to cause a bigger risk for my family.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
12/21/2017
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. 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.

.

Can you give me some more details about what is going on?

.

Do the damages make the property uninhabitable?

.

Have you contacted any local inspectors about the problem?

.

What is your legal question I can help with tonight?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Hi. The situation is that Saturday 12/16/17 around 4pm, my family and I left our place of residence and returned home Sunday 12/17/17 around 4pm. During the time we were away there was a leak and a major amount of water flooded the kitchen area and part of the dining room. The dining room is poorly placed laminate flooring and there was water underneath the laminate. When we left on Saturday there was no water anywhere at all and there never has been since we lived in the house. As soon as we saw the water we contacted the landlord and told him the situation. He came over quickly and looked through the kitchen. He stated that we put towels down to dry the floor and the laminate and he looked under the sink and said there was a slow drip. From there he contacted 1 person on Sunday who said they couldn't do anything to help, but then waited until Monday to make another call to someone else after I asked him to do so. We cleaned up all the water, he had a plumber stop the drip under the sink but the floor is damaged, visibly, and might still have water underneath. As of today he says he has contacted people to replace the floor but they do not respond to us and they haven't shown up. As we live in FL, sitting water is not good and mold can develop quickly. For health reasons I need him to pull up this floor or at least get a professional in the house to tell us if there is water. He is delayed with responses and I feel he is being negligent. What are my next steps now? Can I send a letter telling him I'm withholding rent until this is fixed? Thank you
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

. What are my next steps now? Can I send a letter telling him I'm withholding rent until this is fixed?

.

Ok, at this point, it is up to the landlord how and when to undertake repairs to the flooring if necessary. If they are not moving as quickly as you would like them to, that is their decision to make as they are the owners of the property. The fact that it might become a hazard due to possible mold wouldn't give you legal grounds to take action like withholding rent or moving out. There has to be an actual health hazard...not a potential one... before you would have a recourse.

.

But if you think that there is mold, and you get a test kit that proves it, then you would have grounds to take some specific action if you notified the landlord and he didn't immediately take steps to cure the problem..

.

.

thanks

Barrister

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