Longwood, FL asked in Landlord - Tenant for Florida

Q: Currently renting a condo. Water damage from an above unit has made my kitchen and bathroom unusable. What are my right

Appliances have been removed from kitchen and master bathroom and kitchen need to be ripped out. Do I have a right to ask for grental credit and how much. This has been almost a month ongoing. Haven't checked for mold yet but water restoration man says there's a lot.

Related Topics:
1 Lawyer Answer
Gregory Andrews Cade
Gregory Andrews Cade

A: According to the warranty of habitability, landlords have to ensure that tenants are permanently benefiting from appropriate living conditions. The warranty of habitability is effective in every U.S. state. Therefore, you will most likely be able to end the lease by bringing up the landlord’s failure to comply with the warranty of habitability. If, however, you are not willing to do so and would like to continue living in the condo, there are two legal self-help approaches you can resort to so as to solve the issue. Accordingly, you can either withhold rent until the landlord properly attends to the water damage or hire a professional company to take care of it yourself and then subtract the cost of their services from the rent. Nevertheless, although both of these self-help strategies are completely legal, they are not codified by state law and you may thus encounter some obstacles while pursuing either of them.

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.