The house my husband and I moved into 6 days ago turned out to have lead paint. I did the test myself with at home test kit from lowes. we let the property manager know so he could talk to the landlord about fixing it because there is paint chips everywhere and esp in high traffic areas. If the lead paint was sealed it would be ok, but since it's chipped so badly it's very dangerous and what's worse is I have 3 kids so we're not chancing anything. The property manager informed me that the landlord will not be fixing the property and they want us to leave. They have given us 5-7 days to leave and said we will get our deposit and first months rent back ($2275) after we leave. Is this right? We now have to squeeze our family of 5 into a living room of a family friends house and pay about $200 a month for storage. Plus 2 times now that we've rented a truck. They refuse to pay any moving expenses. I'm so beyond stressed having to move 2 times in 1 week and honestly feel homeless. Are we screwed and have to eat this loss or do we have more rights here? I want to add that in the lease they state that they are neither sure or unsure of the presence of lead paint but got a pamphlet on it.
Your lease agreement controls the rights and obligations of the parties. you need that document to be reviewed by an attorney to determine what rights and remedies you have against the landlord. your stress wont be compensable.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
There are several things here. FIRST, home based tests are the BANE of lawyers as there are way too many variables and potential issue to rely upon them for legal decision making, At BEST they should be used a precursor to a more detailed investigation. Here, there is obviously something amiss, as there was somehow percieved a need to buy and use a test kit 6 days after moving into the property, which is candidly NOT a normal thing to and if it was important enough to do on moving in, was important enough to have ask the landlord permission to do BEFORE signing the lease. Now, Fla. Stat. 83.56 does not general mandate that a landlord repair a property in as much as it allows a tenant leave and terminate the lease if the LL wont or cant. While there may be a contract issue as the costs and expenses described, this would revolve around the lease language and often cost more than the expenses described to fight over in legal fees and expenses.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Unless you want to start fighting over the truck cost, then its not worth fighting over. They are letting you break your lease and giving you the rent back where you got to live for a week already, as well as deposit; a 100% refund. Use that 1 week equivalent that you didnt have to pay rent at all now to pay for the truck; that is your compensation for moving expense. The fact that your stuff has to go into storage and living in a living room is not landlord's legal concern in terms of the lease and obligations under the lease truthfully. Again unless you want to fight over $200 until you find somewhere else; which shouldn't take a month.
PLEASE DO NOT CALL/EMAIL FOR FURTHER FREE ADVICE ABOUT YOUR AVVO QUESTION UNLESS YOU INTEND TO HIRE A LAWYER/US. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. Klurfeld & Associates, P.A. is a real estate and general practice law firm located in Davie, Florida. Please note the contacting us does not create an attorney-client relationship until our firm is officially retained.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline