Help for Mom

[merraleet]

What is the name of your state? California
I am trying to help my Mom, whom lives in Florida. She is having major problems with her Landlord. The home she rents has been condemned by Code Enforcement. She was unable to afford an atty and Lagal Aid declined to take the case. She was able to get one through church (pro bono). With everything that has happened there, and damages to her property and lots of other things, the stress, having to look for another place, and the fear alone that her and 2 grandchildren live in, one of the children are disabled and cant sleep without the lights on now. This has been a horrible thing, and her atty said that she can not ask for punitive damages or pain and suffering. She can ask for property damage, but not for them to buy out her lease. Why would she have to pay out the lease if she broke it, but not vice versa? I am confused and this slumlord pulled permits to demolish the home, rather than fixing it. So in the mean time, my Mom has no place to go, nor the money for new deposits and moving expenses. Help!!! What is the name of your state?

 

[FarmerJ]

If the home has been condemned your mom will have to move. its that simple. If the LL has taken out permits to demolish rather than repair then theres not much else she can do but MOVE. a condemn order from housing inspections in short cancels and overides any lease wether month to month or fixed term . so she can get a copy of the orders and if it says anything to the effect that the home is no longer fit for human habbitation then its done deal. SOMEtimes no matter what no one can make a LL repair a rental unit and honestly sometimes the land alone has a higher value than the home when a home is in poor shape.

 

[merraleet]

Thank you, but we are wondering about the moving expenses and damages. Can we seek damages along with punative damage, because the LL was fully aware of the problems before renting, but they never disclosed any.

 

[Gadfly]

You can try, but you need an attorney, that happend to the pro bono one from the church?

In any event there is no way this will be settled before the wrecking ball hits. Go to Fl and help your poor mom.

 

[merraleet]

She still has that atty but he is the one that said no punative damages. I feel that there should be some kind of penalty to the LL. I am going as soon as I can, needed to get time off of work, I pay her bills, so I cant quit my job. I am doing everything I can until i get there. Thank you for your reply.

 

[john123456]

She still has that atty but he is the one that said no punative damages. I feel that there should be some kind of penalty to the LL. I am going as soon as I can, needed to get time off of work, I pay her bills, so I cant quit my job. I am doing everything I can until i get there. Thank you for your reply.

Farmer is correct, if your Mom’s house has been condemned (evidenced in writing by the bldg inspector/code enforcement) the contract is terminated and the LL cannot hold her responsible for the remainder of the lease.

Furthermore, courts do not normally award punitive damages or pain and suffering for breach of contract cases. She can, however, recover the damage to her property.