Winter Haven, FL asked in Personal Injury and Landlord - Tenant for Florida

Q: Lead In my Rental Home

I informed my landlord on 9/27/16 that my children were tested for lead by the Health Department and they found that my two youngest had high levels. I spoke with him on the phone about he needs to repair the house and also sent letter about our conversation. He agreed that day that he would get right on it. The following day he sends me an email for my help in finding a licensed lead removal company. I did that for him. He called me and informed that he called that company and that it will cost to much money. I told him that he has to do something. My question is should I send him notice that we are moving if no repairs are done ASAP? And how much time should I give him to make repairs?

1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: You need to send a 7 day notice. And if landlord does object or sue you later for breach of the lease you will need to prove the elevated levels of lead came from the house, not food or other environmental factors. You would be best to have a lead test done regardless if you break the lease and move after the 7 days to protect yourself; so you have evidence before moving out where you will not be able to do the test later to prove the source of the lead levels.

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