Broadly, if the damp is caused by disrepair, it is the landlord’s responsibility and, if they will not repair it, the tenant may be able to sue landlord for mould and damp compensation. Florida landlords can begin the eviction process, which can be completed in as little as 2-3 weeks, for any of the following reasons: Failure to Pay Rent – if rent is late (the day after it’s due, unless the lease states otherwise), a landlord may give the tenant a written 3-Day Notice to Pay Rent or Quit. Mold: Is it the Landlord’s Responsibility? 5. When your landlord breaches these duties, you may be able to sue the landlord for damages, which can include emotional distress damages. There is currently no federal law covering a landlord's responsibilities when it comes to mold. For example, you want the landlord to fix a mold issue in the bathroom. In Florida, the landlord is responsible for taking reasonable steps to keep the property mold free, and for removing mold once he becomes aware of its presence. a water leak was covered up twice, heating never worked on 1st of 3rd floors, reported a gas leak 3 mos. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. Mold is an environmental hazard that can cause concern among renters. If that does not work, you can file to evict the tenant. Although, as with just about everything in life, there are pros and cons; or sometimes a proverbial silver lining especially...Read the rest of this entry Recently, I came across some rather misleading advice online. State Rules Differ . Roaches are also a part of the landlord’s duty to maintain the premises. If any of these occur, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, ... summary of Florida’s Landlord/Tenant law. Bed Bugs & Roaches. First, because the landlord had no knowledge of the mold while you lived there until you yourself told her, and second, because most molds are completely harmless and can be easily killed with bleach and water. Can You Sue Your Landlord for Black Mold? If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. Throughout my employment I've experienced very odd symptoms like hives, rashes, dry/red eyes, eye floaters in left eye, difficulty driving at night, very bad sinuses, frequent colds, trouble focusing, and even noticeable memory loss. I hope she gets justice, you sound just like my pathetic excuse for a landlord. Evictions in Florida. As with most things in Florida, the Florida mold laws, rules, and regulations are quite vague and loosely termed. MORE renters than ever before will be able to take their landlords to court over problems including cold and damp homes from next month. In Florida, a landlord cannot lock out a tenant (83.67(2)). illegally raising the rent during the fixed period). He claims they are from mold damage in my income property but only recently brought the mold issue to my attention. If your landlord took $50 out of your security deposit and the court fees are $75, it is not worthwhile to file a suit. Can I File a Lawsuit? At the same time, you can also sue them for any rent they owe. Mold could have various effects to the unit a person lives in, and it could also damage the body of tenants or property over time. We frequently receive calls from tenants asking, “how can I break my lease because of mold”? i rented for 8 yrs. Florida law does not place a cap on the amount a landlord can charge for a security deposit (sometimes referred to as a damage deposit). My tenant has rented the home for 4 years( Dec 2009 move in date). Can I Sue My Landlord For Mold Exposure? And shame on you for finding excuses to evict. Breaking a lease due to mold in Florida: Can I Get Out of my Lease if There is Mold, is a question that many honest and decent renters/tenants frequently ask. In many states, before you can successfully sue a landlord for mold-related damages, the law might require you to give your landlord a reasonable amount of time (or a certain number of days) to remedy the problem. It is likely a court will take notice that Florida is a warm state that furnishes a climate in which mold could become a problem if untreated by the landlord and/or the tenant. Yes, you can sue your landlord for mold issues. Mold fr. 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