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Need Advice - FAST-- LANDLORD NOT MAKING REPAIRS

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diane7669

Guest
Orlando, Florida

I moved into the the condo I rent last June. It took until February of this year to finally get all the items fixed that I asked be done when I moved in. I finally had to withhold rent to get them done. In November my landlord lied to me and said "I cannot make any repairs until I recieve your December rent payment as the statutes are very explicit". I couldn't find a statute like that, asked him to produce one and he admitted to the fabrication.
Since that time I have had leaks that keep recurring in my master bedroom. The leaks started in January 2001. He supposedly came out to my unit and along with a roofer (that the condo association provided) checked out the problem. They decided it was not a roof leak at the time and when they investigated the unit above me could find no cause for the leak and said that I have a concrete slab above me. It took them another two days before tehy ever tried to dry my carpeting which got soaked. I could only take their word as to repairs being completed. Then in March I had two more leaks one around an electrical outlet (water coming out of outlet) and around the window in master bedroom. Again landlord came out with roofer. Supposedly unclogged something on roof which was supposed to take care of electrical outlet problem, and landlord himself caulked the window area and attempted to put some kind of mildew remover down. They also capped off the electrical outlet. Now we come to June and in the past 10 days I have had leaks 4 different times in the same three spots that were "repaired" and now a new location. Again carpeting is damaged. This time the leaks were so severe and spreading across the ceiling rapidly that we had to remove all items from my master bedroom. I asked them to compensate for a place to stay (each time) and they suggested I sleep on my sofa (not a sleeper sofa). Of course my living room is full of items from my master bedroom making habitation very difficult. I have tried to research every statute and every law. Unfortunately, my lease is up at the end of this month and I actually gave my notice in April, in giving my notice I did site all the problems and lies I have had from my landlord. I am now not able to withhold any rent, and when requested compensation landlord declined. I am now going to pursue my case in small claims court. In the meantime, my landlord said to me that they will probably have to open the walls (something I suggested back in January) and remove wet drywall/sheetrock and make internal repairs. However, he is not willing to do that until I move out. I do not agree that he has the right to wait and not make repairs to keep my ceiling from leaking. I again have wet carpeting as of today and new leaks which occurred during a rainstorm last night. My landlord does not think I can touch him because it is the responsibility of the association to make roof/external repairs. While I agree it is probably the associations responsibility I am not an owner here and therefore have no rights with the association and have to contact my landlord for repairs. It is then his responsibility to follow up with the association etc... The president of the association came over 2 days ago to look at the damage and again last night to witness the rainfall in my room. She admitted in front of my landlord (who remained mute) that this was the first time they were ever notified of any problem with my unit.
I have documentation in the way of photos, letters, and witnesses. Please tell me if you believe I have a case I can pursue.

I have also tried to call code enforcement. I originally called the county who told me I needed to call the city. I then spoke with the city who told me they do not come out for existing buildings and I would have to hire an engineer. They also suggested that since I have black mold and mildew growing on the areas of the ceiling and walls I get the health department out to investigate. I called and have left 3 messages so far and no one has gotten back with me. Can you tell me where else I can turn of what else I can do.

Thank you
 



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