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Just moved in to my apartment on July 20th, found that my entire apartment was infested and gave a voicemail to the landlord that night. Friday July 21st received a call saying they would put me on the list for a chemical spraying treatment. Only ...
Here is the Statute:
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, 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. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.
(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.
(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
History.—s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; s. 6, ch. 2013-136.
One of the children, who will turn 18y/o in Oct, is not biologically mine. Can I get the court to order a reduction in arrearage based on that?
Probably not. You have to prove the child is not yours before any child support can be reduced. The Court will not look backwards in time.See question
Final Judgment of Dissolution and MSA signed by both parties set shared parental responsibility. The mother had 183 overnights and the father had 182 overnights. The home base for the child was set as the mother's home address, and the child's l...
If your Final Judgment says that your home address is to be used for school zoning purposes, that should control the issue. You can register your child in school and bring a copy of the Final Judgment and any Martial Settlement Agreement that contains that language if appropriate. If your husband objects, he needs to go to court.See question
I live in an apartment and noticed a few days ago that my wall was saturated with water. i notified the landlord the same day and they noted that someone would be out to repair the outside wall the next day. Every time the stated they would be out...
This damage must be properly repaired by the landlord or you can have mold issues which can cause serious health problems. I think in your situation, money for a hotel until the damage is repaired is reasonable, or moving you at their expense to a similar apartment. Student apartments in Gainesville are notorius for this sort of thing.See question
Medical debt was accrued in Wisconsin before we were married. And we no live in Florida. The suit has been filed in Wisconsin.
The suit can be filed in Wisconsin and moved to Florida as the other attorney's suggested. However in my experience, medical debt can often be settled for a very significant discount. Your case may be especially ripe for a discount since you have moved to a distant state.
Lawrence J. Marraffino
Florida Bar Board Certified Civil Trial Lawyer
Temporary timesharing agreement reached via mediation later imposed as a final ruling. School has let out, other pearent refusues to alter work schedule for one day to adhere to previously set pick up time. Are they able to do that without penalty...
I agree with the answers previously given. If you cannot work it out, you have to go back to court to modify your parenting plan.See question
I'm hoping someone has a little free time and can give me a quick answer! I planned to finance an automobile for my adult son, who does not live with me. My credit is better than his, and if his name is on the title/loan, the interest rate will ...
Yes, but you will be legally liable if you are on the title. You can co-sign a loan without being on the title. That would be my recommendation.See question
The plan administrator for my ex husbands Federal Thift Savings Plan will not except the use of the word interest in my divorce decree. The plan does not require a QDRO but would except one. If I had a QDRO done could it fix that wording or would ...
It is very possible and a lawyer would have to see the wording of the Final Judgment. I cannot give you advice without seeing it.See question
As a child I suffered from being molested by my mom's boyfriend and raped by my brother and step brother every day for years. Dcf did nothing to protect me even after child on child sexual abuse was happening they still just kept closing my cases....
This is a question that is difficult to answer without knowing more information.See question
Due to some communication breakdown between myself, my Property Management Company, HOA, and HOA's CAM. I thought they were billing my PMC and the CAM was sending the statements to an old address to which forwarding had expired. The HOA fees ( <...
It is not clear that you paid all that is due. If the non-payment was due to your error, unfortunately a court could find you responsible for attorneys' fess, court costs, etc. that increase the amount due. Whether or not you could "win" the attorney's fee issue requires more facts than you have stated.See question