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What are my Tenant rights in the state of Florida in a situation of major construction that is forcing me to move out?

Miami, FL |

The floor I live on is a "green roof" comprised of units that are directly adjacent to the common areas. In order to sell the units adjacent to the common areas of the Green roof, the developers found out that they must re build the green roof completely (ripping out of all common area flooring, all planters, remove all vegetation, and replace the entire drainage system). The work started last week and the drilling, dirt, the presence of workmen, and the physical destruction of my home is causing me a lot of stress since it is a construction site. Since the fall 2013 people have been encouraged to leave their leases w/o penalty and move out (on their own will) but a handful of families and I had opted to stay since we all have a Lease until the summer of 2014. I feel forced to move.

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Attorney answers 3

Best Answer

If your home is wholly or partially uninhabitable due to the actions of your landlord, then you stand a good chance of recovering damages. If the circumstances force you to move out for 2 months, you do not have to pay rent for those 2 months because you will be paying rent elsewhere. You may choose to argue that moving expenses or greater rent prices during your flight are compensable damages. It sounds like the landlord has offered to release tenants from their leases as a means of mitigating any damages he has caused. You may also choose to argue the landlord's actions have terminated your lease. Since the landlord previously allowed tenants to break the lease and move without penalty, this offer may be a way out with possible compensation for your moving expenses. You have many options, so contact a local real estate attorney to help, if the landlord refuses to work with you.


If you were offered but agreed to stay, you have waived your recourse


If your home is uninhabitable, wholly or partially, the LL must abate rent during the time it is wholly or partially uninhabitable.

That means that if you cannot live there for 2 months, you do not have to pay rent for 2 months, allowing you to pay to stay somewhere else. That does not mean your lease is terminated. The lease would be in full effect once the unit is ok to live in again.

Your LL previously allowed Tenants to break the lease and move out with no penanlty. It seems likely that the offer still stands.

If this answer was Helpful or the Best Answer, please click above to let me know. Representing clients on Commercial & Residential Real Estate matters Statewide for over 13 years. Development / Purchasing / Leasing / Foreclosure / Eviction / HOA.

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