Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by MrDan (Georgia) on July 9, 2012 @10:23

The tenants lawyer has sent you proper notification by the '10 day repair request' Under Flordia law this is really a 7 day repair request where if the landlord fails to repair or remedy within 7 days, the tenants can cancel the lease, withhold rent, or move out. (which they did).

Forget trying to prove that the tenants caused the mold and mildew problem, and concentrate on getting the repairs made. You have taken way too long to respond even if tenants denied you entry. You had time to take legal action to enter. Did you issue a cure notice for entry? 3-4 weeks is way too long under the law.

FS 83.60(1) …The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent…

You do not want to go to court, this will not turn out the way you think. Have your attorney work this out for you.

You have no way to prove that the tenants failed to run the AC or ceiling fans at any time during the 18 months, and by running them, that would prevent the mold/mildew.
Florida law requires that the landlord maintain the rental in reguard to all applicable laws at all times.

As soon as the tenants attorney sent you the letter, you should have turned this over to your attorney.

Did you have a 'Mold Addendum' with the tenants that explained that the AC and fans should be ran to prevent mold/mildew?

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Re: Mold, Security Deposit, and Last Months Rent by John (FL) on July 9, 2012 @19:14	[ Reply ]

The tenants did not comply with what you mentioned. They clearly moved out, and broke the lease before before these 7 days elapsed not allowing the landlord the applicable amount of time to remedy the situation. It is clear that these tenants just wanted out, wanted to get their money back, and were trying to bully or push this landlord into a favorable position for themselves.

Re: Mold, Security Deposit, and Last Months Rent - Landlord Forum thread 260181