forced to break lease because of safety reasons

[mkasicki]

recently me and my family had to leave the place we were renting because in an 18th month period we were burglarized twice, our car was damaged by a tree limb from a rotted tree in the property and the house was litteraly falling apart and it was very difficult to get the maintenace people to come and repair anything, sometimes it took months. We decided to move out of the property the second time we were burglarized because I was 8 months pregnant and could not handle the stress of living under those conditions any more. I felt it was not safe for me or our children to be exposed to this enviroment. We had already talked to the owner of the property and asked him if he could fence the property but he refused. Also we had requested that the rotted tree that damaged our car needed to be removed because our mailbox was right under it and someone could get hurt, but this was never done. Now the realty company want's us to pay for the remaining months of rent and it is charging us for cleaning of the house even though we left the house clean. I do not think is fair that after the conditions we were forced to live under and the fact that I went into premature labor because of the stress, that now they want us to pay for this.

If any one could please advise what we should do. They have damaged our credit because of this and we do not deserve it.

 

[Tracey]

What you should have done is talk to us before you left, so we could have told you how to leave legally. Now you're just going to have to sue L for the deposit or wait for L to sue you & counterclaim. The FL L/T act is in Title VI, chapter 83. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=VI#TitleVI

83.49: L has 15 days after you leave to send you an itemized list of damages. You have 15 days after that to object. If you object, L has to return the money for any deductions you dispute in 30 days, & sue you for damages. If you don't object, L has 30 days to return the money L has left over after deducting for damages.

83.51: L has to keep the common areas safe. This does not mean installing a fence, but does include stout doors & locks & maintaining the tree so it's not a hazard.

83.60: you'll have to raise the safety issues as a defense to L's suit for rent. I don't know if you'll win or not.

Reply to L's list of deductions by objecting to them, especially to the cleaning charges. I hope you can produce pictures or witnesses who saw the place clean. L is not allowed to deduct for ordinany wear & tear, which includes having to shampoo the carpets every year or so. Refuse to pay the rent because L breached his duty to provide a safe house & grounds. Then sue L for the damage deposit when L doesn't refund your money.


Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!