Orlando, FL asked in Civil Rights and Landlord - Tenant for Florida

Q: Can an apartment and your lease for walking around the apartment?

I live in an older apartment so the floors are not the sturdiest. My downstairs neighbor complained about me stomping but I know that I am not stopping it’s just that the floors are very loud. I can even hear myself walk. She’s even complained about a baby walking. My apartment days they can end my lease but that just isnt fair to me. Its like asking someone not to walk in their own house. Can they kick me out bc of this??

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Though you have a few typos, I understand that your landlord says it will terminate your lease early due to the neighbor's noise complaints, but the noise is not your fault. The answer is that the landlord would not be legally in the right to terminate early, but you have the potential problem of the landlord nevertheless filing an eviction lawsuit against you, and if your lease has an attorney's fees clause, also seeking an award of attorney's fees (plus court costs). You then would have to defend, either through an attorney or on your own, with failure to do so resulting in prompt eviction. If you are able to afford the thousands of dollars needed to hire a private attorney, and the lease has a fees clause, and you prevail, you would be entitled to reimbursement of the fees. If you can't afford an attorney, your local Legal Services/Legal Aid office may be able to represent you for free. Bear in mind that, even if the landlord will not or cannot terminate early, the landlord may be able to refuse to renew your lease at the end of its current term, depending on the terms of the lease regarding renewal options,

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.