Palm Harbor, FL asked in Contracts, Real Estate Law and Landlord - Tenant for Florida

Q: Rent condo in Florida, 3 years. The carpet was not new when I moved. Are there laws stating when it must be replaced?

There are several "spots" that seem to be getting worse or "growing" which I think is black mold, as I am constantly sick. The owner paid to have them cleaned but the spots are not better. They insist they never replace carpet when the condo is being lived in. Any suggestions?

1 Lawyer Answer
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: There is no law that I am aware regarding a landlord's duty to replace carpets, however if the carpet is causing a health condition, there may be a remedy available for you. The difficulty you have would be to prove that the carpet is the cause of your condition. I know the carpet in my own home caused me to sneeze for years, but to prove that to my husband would have cost me many hundreds of dollars for labs and experts! I would recommend moving to a home with hardwood floors. You may request to be released from your Lease Agreement based upon the allegation that the conditions present in the condo is causing your health condition. If your landlord is not willing to work with you, you may need to wait until your Lease term expires. If you do have to wait for your Lease to expire, be sure to give adequate notice to your landlord that you intend to vacate. You will want to review your Lease Agreement in detail to be sure you comply with all of the relevant provisions. Best of Luck! Jennifer

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