My home got flooded over a month ago due to a clog in the septic tank. My mom has terminal breast cancer and had to leave my house because it was not safe. It's been more than a month and I have no carpets in my room, the bathrooms, half of the living room and hallway. She was having insuarance people coming over and still nothing is done. All my belonging and my sons clothes and other things were ruined, including my sons crib and I had to throw everything out. My 20 month old son and my 10 yr old daughter got sick a week ago and I took them to the ER because my son could not breath. He was diagnosed with upper respiratory infection and the doctor told me that my son was sick due to exposure to dust and most likely mold. What can I do about this? Can I sue my landlord?
Landlord / Tenant Lawyer
You must demand repairs in WRITING giving 7 days to landlord to make repairs. If the landlord fails to make the repairs you can withhold rent, get abated rent, or move out and hold the landlord responsible. The damage sounds so extensive as to be uninhabitable. Here is the statute check it out:
83.51 Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition..............
83.56 Termination of rental agreement.—
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Landlord/Tenant, Appellate and Criminal Defense. Robert Devin, Esq. (954) 647-5927, 200 SE 6th St., Suite 603, Ft. Lauderdale, FL 33301 email@example.com
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In addition to what Mr. Devin has said, you may be able to sue for violations of the Florida statutes on landlord-tenant relations, negligence, and a few other things. What you have grounds for will depend on your exact facts. You should set up a consultation with a personal injury or landlord-tenant attorney in your area.
My response to this question does not mean I agree to represent you in any proceedings. This information is also not subject to attorney-client privilege.