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  1. #1
    SweetPea23 is offline Junior Member
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    Right to Peaceful Living

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

    Can you explain the right to peaceful living (i.e. is there a statute, what is the basis, etc.) and how we can approach our landlord for a reduced rental amount? We received some legal advice that we can ask for a reduced rental rate due to breach of peaceful living due to foreclosure proceedings.
  2. #2
    HuAi is offline Member
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    Generally peaceful living refers to such things as not having loud construction on property or neighbors playing metallica at 3 am. Usually the way to address this is to bring it to Landlord's attention in writing and give him a chance to cure the condition. If the condition is not cured, you can sue to break your lease. You don't get reduced rent.

    How did the foreclosure proceedings interfere with your peaceful living? (and having to find a new place to live doesn't count)
  3. #3
    Gail in Georgia is offline Senior Member
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    Peaceful living also addresses such issues as landlords walking in unannounced (unless for emergency reasons).

    Gail
  4. #4
    SweetPea23 is offline Junior Member
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    This is information that we received from our lawyer, I'm just asking for recommendations on how to move forward with it.

    But, I believe they are addressing the fact that we signed a lease for a unit that was already under foreclosure (which we did not know about) and because of that, we have had to deal with all of the things associated with foreclosure (i.e. being served papers, being addressed in the law suit, wasting our time and energy to speak with him about the situation, etc.), along with the risk of losing our place to live. Although this may not be loud noises like construction, this has disrupted our right to peaceful living in the unit we are renting because obviously we have bigger and better things to worry about rather than a crappy landlord who can't pay his bills.

    And yes, if I knew then what I know now, I would have done a records search on him to find out all of this information, but its a long story and basically we didn't have the time or resources. But then again, he is a real estate agent and SHOULD NOT be renting out units that are in foreclosure, even if he is the owner. I have already filed a complaint against the state as well.
  5. #5
    Gail in Georgia is offline Senior Member
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    Frankly, all you received was notification that your place was going through foreclosure. You took it upon yourself to begin the search on laws regarding this issue. In other words, if you believe you're wasted your time doing it, it was your choice to do so. I don't see it as a waste of time as it's useful to know these things.

    If you're so concerned about losing your place, why would a reduction in rent help the entire situation?

    In addition, since you've already gone to the time and trouble of talking to a lawyer, how come they didn't give you information on how to proceed?

    Gail
  6. #6
    HuAi is offline Member
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    Quote Originally Posted by SweetPea23 View Post
    I have already filed a complaint against the state as well.
    You complained about your state? To whom, FoxNews?
  7. #7
    SweetPea23 is offline Junior Member
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    1. It took the laywer three weeks to get back to us so I'm not going to sit around and wait for an answer for another three weeks and thought there might be some helpful people around here. Apparently I was wrong.

    2. The point of the rent reduction is so that we can get reimbursed for our security deposit that we paid through paying less rent since we most likely will not get it back since our lovely landlord obviously cannot afford to even pay his bills right now. This might be too difficult for you to understand.

    3. And, wow, I'm human, sorry about the typo. I filed a complaint against him to the state.
  8. #8
    Gail in Georgia is offline Senior Member
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    The "right to peaceful living" argument is used to break a lease, not to get a reduction in rent.

    The road to your attempt for rent reduction begins with a letter to the landlord with your request. If he/she fails to agree to this request (and it is quite likely that they will since there is no legal precedent that they have to do this), then your next step to to consider civil action.

    Which you also will likely lose as you have nothing to prove that you won't get your full security deposit back at the end of your lease (or if the foreclosure actually goes through) minus any held back for damages to the rental unit.

    Hopefully THIS won't be difficult for YOU to understand, you snotty little snip.

    Gail
  9. #9
    phase08 is offline Member
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    Since lawyer took so long to return your call you should try to get him/her disbarred.

    You came here because it’s “Free Advice”. Just like you want to try to sit around and get free rent.

    3. And, wow, I'm human,
    Jury's still out on that one.

    Apparently I was wrong.
    Glad you're capable of at least understanding that.
    Last edited by phase08; 07-15-2008 at 01:51 PM.
  10. #10
    Alaska landlord is offline Senior Member
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    Lawyer took three weeks to reply because he has not been paid, or his advice is such a stretch that he has no plans on proceeding forward.
  11. #11
    HuAi is offline Member
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    Quote Originally Posted by SweetPea23 View Post
    2. The point of the rent reduction is so that we can get reimbursed for our security deposit that we paid through paying less rent since we most likely will not get it back since our lovely landlord obviously cannot afford to even pay his bills right now. This might be too difficult for you to understand.
    Personal jib notwithstanding, this is a real danger. The landlord is SUPPOSED to keep the SD in a separate account for your benefit and not comingle it with his own monies. Pusuant to section 83.49(2), landlord is supposed to notify where he is keeping your money. If he has not done that, now may be a good time to be proactive and ask him about it.

    Unlike some other states, Florida law doesn't seem to provide a resolution in case of violation of this statute.

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