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Landlord doesn't want fix termites problems and things for day one walk thru

Miami, FL |
Filed under: Landlord-tenant

we advice the landlord since we have now a 3 month old baby and even as i was pregnant the termites issues,getting worse and we bought new furnitures

Attorney Answers 2


Florida law requires that a landlord rent property which is fit to live in. This includes a requirement that the property by pest free. In the event of an infestation you have the right to give notice to the landlord, withhold rent, and use the rent to remedy the problem.

There is however, a catch. You must follow the statutory requirements for withholding rent or you may find yourself on the receiving end of an eviction action. A court must approve you saving the rent money and using it to fix what the landlord should have fixed on his own. Without that court order you may run into trouble.

I recommend you contact a local landlord / tenant attorney to walk you through this. If you cannot afford an attorney I recommend you contact your local legal aid office to assist you.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at or email me at

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Florida Law is very specific as to what Landlords are responsible for in maintaining the premises. However, you need to first look at your lease and see if it varies from what I am about to tell you. In the event that the lease says different, it will control.
The Statute that applies states that the landlord is generally responsible for the extermination of wood-destroying organisms and when vacation of the premises is required for such extermination, the landlord shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination.
It would benefit you to have a landlord/tenant attorney look at your lease so they can explain exactly what your rights are in this situation.

This communication is not intended to, and does not, create an attorney/client relationship. You are encouraged to consult with an attorney in your area to discuss your case in person. Roberto M. Vazquez, Esq. and the Morey Law Firm, P.A. practice law throughout the state of Florida. Please visit our website at

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