Q: Can I break my lease if I only been there for 4 days and its infested with roaches.
A: If your premises are infested with roaches, you need to review your lease as to who is responsible for the pest control; if the lease is silent on the issue, you may want to refer to Section 83.51 of the Florida Statutes. If it is the Landlord's responsibility, then you would need to submit to the Landlord a seven-day notice to cure. Should the Landlord fail to cure the issue within the seven days, you then should be ready to vacate your premises on day 8. However, there are strict requirements that must be followed when serving such notice. I strongly suggest that you consult with an attorney to ensure your interests are protected.
A: Most state landlord tenant law requires the lessor to deliver the premises in habitable condition. Failure to do so is ordinarily deemed a "constructive eviction," allowing the lessee to leave. I suggest you follow the course laid out by Sabina Tomshinsky, who has cited Florida law and procedure to be followed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
