Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am currently a resident in FL living in a 2 unit house…

I am currently a resident...
I am currently a resident in FL living in a 2 unit house (one unit upstairs and mine is downstairs). I reported a rodent infestation in my unit initially on Jan. 31, 2018. The real estate management company sent a pest control agent out on the 4th day after reporting the issue (after the rodent caused damage by chewing a hole through my couch and chewing on my kitchen mat). He was out on 4 different occasions as his attempts were only temporary fixes and did not address the issue of the rats still entering the premises and running through the walls. The rodents have again accessed my unit and this time the pest control stated he would no longer offer services as the issue is bigger than what he can do (he has stated that there is an issue with the foundation as well as the rats potentially accessing via an open sewage line). I was notified today (again 4 days after reporting rats in the unit) that they have found a new pest control company to come out. My concern is that these are only temporary fixes and will not remedy the situation. Am I able to still send a letter to withhold rent and/or terminate my lease if they cannot provide a permanent solution to keep the rats out of the unit? I wrote a letter 2 weeks ago addressing the continued reports of the issue not being resolved and was told that "Pest Control is not part of the lease" and they are doing this as a favor - however there is no mention of pest control anywhere in the lease. I am afraid that everything being done is only a temporary fix and will not solve the issue. I am losing sleep, have spent my own money buying traps and have missed work due to the infestation already. I was told that they are not providing habitable housing and I have every right to withhold rent and ask to be released from my lease. However I do want to make sure that per FL law, even though they are sending pest control, with the issue continuing now for 7 weeks I am obliged to ask to break my lease as at this point they cannot resolve the issue.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
3/20/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,134
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.

.

The crazy thing about Florida is that the law specifically says that a landlord is not responsible for rodent or insect infestations in a single family dwelling or a duplex...

.

FL Statutes 83.51 Landlord’s obligation to maintain premises.—

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

.

.

So legally they are right...they don't have to provide extermination services if you are in a duplex... crazy, but it is the law in FL.

.

.

With that said, if you were to break the lease and vacate, I don't see a judge holding you liable for doing so if you claim that the infestation was causing the property to be dangerous and uninhabitable due to the many diseases that rats carry on their bodies and in their droppings..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Thank you for the quick response. I do understand that it's FL law to not provide the pest control for a duplex, however if the infestation is due to lack of proper foundation and potentially an open sewage line (as the last pest control already reported), would this not then fall to the landlord to correct? As well, there are multiple access points into the unit that the rats are entering through from the walls that have yet to be repaired and fixed. I can only do so much to keep the rodents out without having to foot the bill in the end to literally repair the building itself.

That is the argument I would make... And I might call the local Code Enforcement office to come out and inspect so they could cite the landlord for any violations and force repairs if there is an open sewer...

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,134
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,134
41,134 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,134 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Will a real estate attorney handle disbursement of money
Will a real estate attorney handle disbursement of money from sale of house to each party of divorce and third party creditors. … read more
Barrister
Barrister
Lawyer
41,134 satisfied customers
Are you familiar with Texas real estate and contract law.
Are you familiar with Texas real estate and contract law … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
41,134 satisfied customers
Regarding real estate in NY state, as a seller of a home in
Regarding real estate in NY state, as a seller of a home in Ulster county, we had a closing scheduled for yesterday, which we did not attend. During the winter, there was a leak due to undetermined ca… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
Second opinion] I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH
I ENTERED INTO A RESIDENTIAL REAL ESTATE CONTRACT WHICH ALLOWED ME A 10 DAY PERIOD TO OBTAIN AN INSPECTION. THE INSPECTION DISCOVERD MAJOR STRUCTURAL & ROOF DAMAGE (OVER $25,000} WHICH WAS NOT FULLY D… read more
Barrister
Barrister
Lawyer
41,134 satisfied customers
I have a house that I paid the real estate taxes on for a
I have a house that I paid the real estate taxes on for a friend and have never been paid back. He is now deceased, can I foreclose on him? I rent the house for the last 7 years, but would like to sel… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am trying to sell my house and I need a real estate
I am trying to sell my house and I need a real estate lawyer. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I entered into a real estate contract to buy a house but i
hi. i entered into a real estate contract to buy a house but i did not like the terms of the loan and i want to back off and closing is tommorow . is it possible and what are the legal consequences … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a question regarding real estate damaged by a
I have a question regarding real estate damaged by a hurricane that the insurance company refuses to pay for repair. It's a water front condo in Florida.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Real estate agent UNDERSOLD my house by maybe 60k. Marylamd.
real estate agent UNDERSOLD my house by maybe 60k. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
REAL ESTATE CONTRACTS. TENN. I WANT TO SELL MY HOUSE NEED
I AM SELLING MY HOUSE WANT TO GO INTO CONTRACT, ON AN "as is" basis… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Purchased house in 2004 with, what are real estate agent
Purchased house in 2004 with, what are real estate agent describe as "creative financing". One primary lender (Adjustable Rates), and a secondary lender (Balloon). Due to unforeseen circumstances we f… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x