Miami, FL asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida

Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe mold issues, documented health implications for residents

- Pest infestation (moths, termites, roaches, and ants) not addressed as required

- Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Health dept. Inspected our homes, and safety, code, and compliance issues are pending on both buildings.

Having previously taken informal dispute resolution steps without success, I and eight other tenants are now prepared to escalate this issue legally to safeguard our family’s and our young children's health and well-being and enforce our rights as tenants.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold problems, pest infestations, and overall uninhabitable living conditions - are unacceptable and likely constitute a breach of Florida's Implied Warranty of Habitability and prohibited practices under Section 83.64.

As tenants in Florida, you have the right to a habitable and safe living environment. Landlords are obligated to maintain the property in compliance with building, health, and safety codes, and to make necessary repairs in a timely manner. The mold, pests, and electrical code non-compliance you've described are clear violations of these requirements.

Given the health department's involvement and the documentation of the issues, you have a strong case to take legal action. Here are some steps you and the other tenants can consider:

1. Consult with a tenant rights attorney who specializes in Florida landlord-tenant law. They can review your case, advise you on the best course of action, and represent you in court if necessary.

2. Collectively document all the issues, including photographs, maintenance requests, health department reports, and any correspondence with the landlord or management.

3. Send a certified letter to your landlord detailing the issues, the steps you've taken to resolve them informally, and your intent to take legal action if the problems are not addressed promptly.

4. If the landlord fails to rectify the situation, you can file a complaint with the court seeking relief such as repairs, rent abatement, or the ability to terminate your leases without penalty.

5. In extreme cases, you may need to consider involving local media or tenant advocacy organizations to put additional pressure on the landlord to address the issues.

Remember, Florida law prohibits landlords from retaliating against tenants for asserting their rights, so you should be protected from eviction or other adverse actions for taking these steps.

Dealing with an unresponsive landlord and uninhabitable living conditions is challenging and stressful, but know that you have rights and legal recourse available. Seeking the advice of an experienced tenant rights attorney is highly recommended to guide you through the process and ensure the best possible outcome for you and your fellow tenants.

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