Re: Mold, Security Deposit, and Last Months Rent

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

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.

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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 … 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 by NY-LL on July 9, 2012 @16:10	[ Reply ]

Landlord: "... the tenants hired an attorney to send me a demand letter that I have 10 days to cure the mold situation, or they will move out, and file suit against me in the local district court. I then responded to the letter with my prescribed method of remedying this situation, and they actually let me in the property to begin the work. Then 3 days past, and the tenants moved out over a weekend without telling or notifying me beforehand. They moved out on a Saturday, and Sunday, and then notified me after the fact the following Tuesday. This was a total contradiction from the attorney's letter since I began the work and 10 days had not yet elapsed." Florida Bar Association Finally, the tenant has the right to move out. If there is a written lease, the tenant can move out when a written lease is up. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven (7) days before the next rent payment is due if the rent is paid weekly or fifteen (15) days if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to one of his or her major obligations, provided the tenant has sent written notice to the landlord, seven (7) days before the rent is due (there are some exceptions to the right to move out). http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588?OpenDocument

Re: Mold, Security Deposit, and Last Months Rent

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