Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @17:41

What you have found, has nothing to do with the requirement that the landlord must repair within seven days if the landlord recieves notice from the tenant or tenants attorney that if not repaired, the tenant will either; move out, with hold rent or repair and deduct.
The tenant moved out under Florida law. The landlord should have reacted quicker to the request. The landlord had no 'mold addendum' with the tenant, big mistake!
Every landlord in Florida knows about mold in rental property and what needs to be done to prevent it.
What should happen is, the two attorneys should work this out. The way the landlord is proceeding will just be a more expensive lesson. There are thousands of mold litigating attorneys in Florida because landlords do not understand what their responsibility under the law is.

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Re: Mold, Security Deposit, and Last Months Rent by NY-LL on July 9, 2012 @19:41	[ Reply ]

The law is generally consistent in regard to the written notice requirement prior to termination of the lease agreement. In addition, the landlord performed the necessary mold removal within three (3) days of being allowed access. These tenants are delinquent and abused the mold issue to violate the lease agreement and moved out without providing any notice to the landlord. Review the law in the State of Florida related to mold: “It’s important to note that there are only two reasons that justify the withholding of rent in the state of Florida, “The landlord must keep your housing in conformity with all building, housing and health codes. If no codes apply, the landlord must maintain the structural components and plumbing in good repair. (Fla. Stat. § 83.51(1)(a),(b)).” If you are going to continue along the path of withholding rent, it’s highly recommended that you consult with a lawyer. The attorney may recommend that you seek out a mold inspection with indoor air mold testing so that you have professional documentation of an existing problem. Now, if the mold problem is bad enough that you are developing adverse health reactions, you have the right to move out after you have given your landlord a seven-day written notice. Just know that if your landlord decides to sue you for any unpaid rent, you will need to provide all unpaid rent to the court for safe keeping until the case of unpaid rent is decided upon. Whatever you do, do not pay your landlord back any unpaid rent, as doing so shows that you accept the conditions of the apartment, the conditions that put your health in danger. None of this may be necessary should your landlord be reasonable and have any mold situation dealt with in a timely manner.” http://www.indoorrestore.com/resources/renters-rights/florida-tenant-rights-mold/

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @20:11	[ Reply ]

These tenants are delinquent and abused the mold issue to violate the lease agreement and moved out without providing any notice to the landlord. Yes they did, even the tenants attorney send the landlord a letter stating such! The tenants moved out because removing mold and mildew is hazzardous, but more than enough notice was given. The landlord said it was several weeks latter when they moved. The landlord, reguardless of the tenants motive should have remedied the mold and mildew problem at the onset. Not waiting weeks trying to get tenants permission. No judge will believe the landlord could not enter any time during the three week period. The landlord also had the legal remedy of terminating the lease because the landlord could not enter. What you have is an uneducated landlord who blames the tenant instead of taking command of his/her property and following the law. The tenant reported mold and mildew. The landlord failed to use all legal means to gain accesss. When landlord did, he blamed tenant right off without any proof the tenant was at fault. Again, the AC and fans could have been turned off the day that the inspection occured. They could have been running every day before, the landlord has no proof. Would you run an AC if you knew there was mold and that the AC could spread the mold spores? Any landlord in Florida should know that when a tenant reports a mold problem, the landlord should do everything to eliminate the mold. It's the landlords property thats at stake. Saying 'Oh, it's the tenants fault will do nothing for you in court! Which is the last place any landlord should be.

Re: Mold, Security Deposit, and Last Months Rent by Anonymous on July 9, 2012 @22:00	[ Reply ]

When anonymous learns to read a lease agreement and the state housing law, then post a valid comment. The common mold was non-hazardous and you, anonymous, are an undereducated tenant. The law requires written notice of termination which the tenant did not provide. The reason the tenant did not provide notice of termination was because the tenant, like you anonymous, was attempting to circumvent the law. Had the landlord accessed the premises at the times the tenants claimed to be unavailable, the tenants would have claim theft and unlawful entry. Had the landlord removed the mold the tenants would have claimed the removal was untimely and claimed to be ill from the common mold.

Re: Mold, Security Deposit, and Last Months Rent

Re: Mold, Security Deposit, and Last Months Rent by willie (FL) on August 6, 2014 @11:03	[ Reply ]

my landlord say if he fixes the mold problem he will increase my re my more than 600.00 a moth or I can stay and clean it up my self. even though it in the walls, from the AC leaking from poor maintance.

Re: Mold, Security Deposit, and Last Months Rent by will (FL) on August 6, 2014 @11:06	[ Reply ]

increase my rent by 600 a month if he fixes the problem, or we can move out.

Re: Mold, Security Deposit, and Last Months Rent - Landlord Forum thread 260245