Problems with our apartment!

[emilynichole91]

What is the name of your state (only U.S. law)? Florida

I signed a lease back in march of this year, and we have had numerous problems with this place, not just with our unit but with people and management. We had most of the problems fixed with in the first month we lived here, except the roach problem, we keep our house very clean, and have a two year old daughter, they have sprayed multiple times and we have bombed. The roached just seem to multiply. We find this a health issue, On October 29 , Our bathrooms flooded with sweage back up from our toilet and Bath tub. cause an over flow and out carpets to be ruined, it took them almost 2 days to come have some one suck the water up, and they still haven't cleaned or took the carpet up, i am with holding rent until they do so. It is very unhealthy for our family to be living in this filth. On top of all this they have informed us that they will have some one here on Thursday to pull up the carpets. after pulling teeth for answers to what is going to be done. I have had tons of issues with management. An to top it all off, with the people in this neighborhood, knocking on our door and walls when ever they feel necessary, and even had some one check out door knob at 4 am to see if it was locked. I find this to be an unsafe neighborhood for out child and i want to move, I need some advice on how to get out of here legally, with out eviction or hard fines. If you have any please let me know, I'm scared to even go out side some nights to go to work. This place is becoming a huge inconvenience to me and my family. Please help.
Thank you - A worried mother.

 

[Gail in Georgia]

Sure; you can break your lease and move. The problem is, you then face the possibility of being sued for doing so. On the other hand, your idea of withholding rent now may land you in the same situation. Florida does allow a tenant to withhold rent but ONLY after some very specific steps have been taken as outlined in the attached:

Floridas' Landlord/Tenant Law

Your problem is that management has responded to repair issues such as the roach problem (which, unfortunately, often is a never ending problem in a warm, humid climate such as Florida) and is responding to the toilet overflow. You might have a legal justification to break the lease or withhold rent if they didn't respond within the legally required time (as outlined in the above) but this doesn't seem to be the issue here.

Management has no control over people in the neighborhood knocking on walls or your door.

Gail

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Florida

I signed a lease back in march of this year, and we have had numerous problems with this place, not just with our unit but with people and management. We had most of the problems fixed with in the first month we lived here, except the roach problem, we keep our house very clean, and have a two year old daughter, they have sprayed multiple times and we have bombed. The roached just seem to multiply. We find this a health issue, On October 29 , Our bathrooms flooded with sweage back up from our toilet and Bath tub. cause an over flow and out carpets to be ruined, it took them almost 2 days to come have some one suck the water up, and they still haven't cleaned or took the carpet up, i am with holding rent until they do so.

you had better be really careful about doing this. what do you have in writing about the issue? they came by, to mitigate their damage and clean up the mess, so you are probably going to be evicted.

It is very unhealthy for our family to be living in this filth. On top of all this they have informed us that they will have some one here on Thursday to pull up the carpets. after pulling teeth for answers to what is going to be done. I have had tons of issues with management. An to top it all off, with the people in this neighborhood, knocking on our door and walls when ever they feel necessary, and even had some one check out door knob at 4 am to see if it was locked.

you signed the lease and moved in. they are doing what they can for the roaches, what more do you want? its not that managements responsibility to stop people from annoying you. how do you know someone tried your door at 4am. seems kinda suspicious that you would know that.

I find this to be an unsafe neighborhood for out child and i want to move, I need some advice on how to get out of here legally, with out eviction or hard fines.

the way I see it, you are only going to get out of the lease if they evict you. which is probable since you decided to withhold rent, without going through the process.

If you have any please let me know, I'm scared to even go out side some nights to go to work. This place is becoming a huge inconvenience to me and my family. Please help.
Thank you - A worried mother.

[/QUOTE]


you should have been more diligent before signing the lease. at this point, it looks like your out will be eviction. (or almost eviction by notice of demand to pay rent, or move out,)

 

[Banned_Princess]

http://www2.fiu.edu/~caj/landlordtenantinformation.htm

RENT WITHHOLDING FROM LANDLORD

* You must be very careful to do what the law requires for a proper rent
withholding!!! ALWAYS call the Consumer Affairs Division of your county
or city regarding your landlord/tenant rights before withholding your rent.

* If your landlord will not fix a condition which is in "material non-compliance"
with the your local city or county property maintenance code, you may stop paying rent
(rent withholding). Material non-compliance means that there are major
problems in your house or apartment which your landlord refuses to fix.

* Under Florida law, you cannot do the repairs yourself and then deduct that cost
from your rent.

* You can do a rent withholding so that you are protected by the law by taking the
following steps:

1. Make a written complaint to your local city or county enforcement office.


2. Make a list of all the things which are wrong with your rental unit and violate
the local code (for example, plumbing not working, roof leaks, etc.).

3. Write the landlord this letter:

Date

Dear (name of landlord):

Pursuant with Florida Statutes, Section 83.60, I am notifying you of your
material non-compliance with Florida Statutes, Section 83.51(1), and the
(insert the name of your local code).

Unless the listed repairs are made within 7 days of delivery of this notice,
I will not pay rent, because of your failure to maintain the premises.

List all things that are wrong

Sign you name ___________________
Print your name and address.

4. Mail or deliver this letter to your landlord at least seven days before the
next rent is due. *It is recommended that this letter be sent certified mail,
return receipt requested. This is an extra protection for you in the event
the landlord denies he ever knew about the material non-compliance.
KEEP A COPY OF THE LETTER.

5. You must save the rent as it becomes due. Do not spend it, because, if the
landlord fixes the house or apartment, you must pay him at least a portion
of the rent, and, if he tries to evict you, you must deposit all of the money
you have saved with the court until the eviction case is over.





THE LANDLORD'S RESPONSIBILITIES


* Florida Statutes, Section 83.51, require a landlord to comply with the local
Property Maintenance Code. This means:

1. The roof must not leak.
2. The walls must be weather-tight, and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be basically weather-tight, water-tight, rodent-proof,
and kept in sound working condition. Outside doors have to have proper
locks.
5. Window panes cannot have cracks and holes. Outside windows must have
screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound
condition and good repair, and should be safe.
7. The house or apartment must have hot water, which is connected to the
kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flush toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must
be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage
containers.
11. Every habitable room must have at least two separate floor or wall electric
outlets and, additionally, every kitchen, bedroom, bathroom and hallway
must have a ceiling or wall-type fixture, or an outlet controlled by a wall
switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.


IF THE LANDLORD DOES NOT COMPLY


* If your landlord has failed to comply with the previous listed code responsibilities,
and has ignored your request to undo their unlawful action, you can contact The
Code Enforcement Branch of city or county in which you reside and
request that they contact your landlord and explain that their action is illegal and
violates your local code.

* If your landlord fails to do what the law or lease requires, you may be able to
withhold the rent. You must give notice of your intention by certified mail at
least seven days before the rent is due to allow time for the landlord to remedy
the problem. If the problem is not corrected within seven days and you withhold
the rent the landlord may take you to court to collect it. You must them pay the
rent into the court registry pending the judges determination of the case.

* Always call the Consumer Affairs Division in your city or county regarding your landlord/tenant rights before withholding rent!!!

did you ever call any authority to come asses the apartment? no? you had better pay that rent.


note the process you have to go through before withholding.

also note that the responsibilities does not address insects (roaches) so them bombing and spraying isn't even legally required.

also I see nothing about them cleaning YOUR apartment. carpet not clean? go get a steam cleaner and clean your carpet.




make no mistake, you are going about the problems all wrong, and you will be evicted.

 

[Captain Picard]

An insect is not a rodent ; neither is it proof of being dirty. I don't know if the statue/reg. has been ruled that an insect = rodent.

They are pesky insects, hard to eliminate.

 

[FarmerJ]

The only thing the city inspections might write LL up and require a pro to come in and address is cleaning up after sewage has backed up , some cities will require this in order to get sewage related bacteria out of carpeting. But ultimately this is up to your city.

 

[Searchertwin]

What is the name of your state (only U.S. law)? Florida

I signed a lease back in march of this year, and we have had numerous problems with this place, not just with our unit but with people and management. We had most of the problems fixed with in the first month we lived here, except the roach problem, we keep our house very clean, and have a two year old daughter, they have sprayed multiple times and we have bombed. The roached just seem to multiply. We find this a health issue, On October 29 , Our bathrooms flooded with sweage back up from our toilet and Bath tub. cause an over flow and out carpets to be ruined, it took them almost 2 days to come have some one suck the water up, and they still haven't cleaned or took the carpet up, i am with holding rent until they do so. It is very unhealthy for our family to be living in this filth. On top of all this they have informed us that they will have some one here on Thursday to pull up the carpets. after pulling teeth for answers to what is going to be done. I have had tons of issues with management. An to top it all off, with the people in this neighborhood, knocking on our door and walls when ever they feel necessary, and even had some one check out door knob at 4 am to see if it was locked. I find this to be an unsafe neighborhood for out child and i want to move, I need some advice on how to get out of here legally, with out eviction or hard fines. If you have any please let me know, I'm scared to even go out side some nights to go to work. This place is becoming a huge inconvenience to me and my family. Please help.
Thank you - A worried mother.

I really think this is about living there and just wanting out. Roaches is just an excuse hoping it will be the kicker to get out.

You will lose on the roaches.
You will lose on the bases that it's a huge inconvenience to you and your family. Sorry

If you feel this way, just go and ask about getting out of your lease. But use the truth for the reasons. See what they have to offer you to be released.