Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by NY-LL on July 9, 2012 @08:30

The landlord should treat the circumstances as a normal unauthorized early lease termination and lease violation. When the landlord first confirmed that the tenants’ mold complaints were not legitimate, the landlord should have issued a notice of violation to the tenants to address the cause of the mold issue and the tenants’ financial responsibility to remedy their neglect of the property. The landlord should initiate legal action against the tenants for the months or weeks of unpaid rent, if not already deducted from the security deposit. (Ignore the law school dropout attorney hired by the tenants. Most attorneys will send written notices and letters when requested to do so by their clients.)

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Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @11:27	[ Reply ]

The landlord did find mold and mildew as found by the Remedial Service. So that comfirms the tenants complaint about the present of mildew and mold. The landlord should issue a notice......if the complaint was not legitimate, why issue a notice? The landlord is on notice of repairs under Florida law by the letter from the tenants attorney. The landlord is required to repair the mold and mildew problem within seven days as per law. This would be the landlords duty, not the tenants responsibility. Flordia law gives the tenant a complete defense against the landlord seeking any claims against the tenant, when the landlord fails to repair within seven days. Your information would just inflate the cost of trying to reach an agreement to settle this matter. No one should go to court unless it's absolutely required. Advising the landlord to ignore the tenants lawyer could cost the landlord even more money in the long run. No landlord should ignore an attorneys letter from a tenant! The attorney is following the correct procedures and has given the landlord the correct notices under Florida law. The landlord should have turned this over as soon as the tenants attorney sent the notice to the landlords attorney. This is not a normal early lease termination, and should be treated with the upmost care, by following Florida law.

Re: Mold, Security Deposit, and Last Months Rent by NY-LL on July 9, 2012 @11:45	[ Reply ]

By all accounts, this seems to be an attempt to legalized an unauthorized early lease termination ā€¦ The landlord stated that the tenants were making excuses to terminate the lease agreement. The landlord stated that the tenants denied access on multiple occasions to inspect the mold for remedies. *The landlord stated that the remediation service advised that the minor mold condition was due to failure to ventilate the interior premises. Therefore, the tenants created a non-hazardous mold condition (which was remedied by the landlord), but decided to terminate the lease agreement (while denying access to the premises) without advance written notice to the landlord. A non-hazardous mold condition would not make the premises uninhabitable, nor would it be grounds to terminate the lease agreement.

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @15:39	[ Reply ]

Under Flordia law, yes it is, as the landlord is required by State Statue to remedy the repair within seven days after be notified (by tenants attorney). That's the law, no way around it, no matter how you look at it! If it's not done, then the tenant can withhold rent, or move out withour penalty.

Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent - Landlord Forum thread 260165