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May I sue my landlord for the extreme mental, emotional and physical anguish his negligence and greed has caused me?
Anonymous5 views3 answers
It’s been more than 30 days since my LL was told the AC was broken. He did attempt to fix it yet the problem persists and he knows it. He doesn’t plan on fixing anything. There are many problems here; more than a healthy person could endure and I’m severely ill. I believe I’ve suffered a nervous breakdown due to his negligence. I can no longer speak or walk properly and need an attorney willing to represent me. I’ve taken photos of everything that I’ve suffered over the past 9 months due to his extreme disdain and neglect. The lease expires in May and I can’t afford to pay him again or to move. The rent is up to date. Please, I need help! Further info here –
http://www.attorneyqna.com/legal-answers/my-landlord-is-taking-advantage-of-my-medical-cond-1085661.html?callable=false&published=true
first, you need to contact a florida lawyer in your county that does landlord/tenant law. if you do not know one the local county bar association may have a referral service. i do not practice law in florida but do not believe you would have a viable injury case against the landlord. however, there are legal doctrines of constructive eviction or breach of implied warranty of habitability that may allow you to "break" the lease and move without being liable for the balance of the lease. there may also be some sort or city agency that oversees landlords that you could call. good luck.
You need to consult with an attorney in your area A.S.A.P. to review your lease and all the issues related to the property. There is a way that rent can be reduced abated, but it needs to be done under the correct circumstances with proper notice.
Florida law generally does not allow for emotional distress in a contract dispute which is what you have in a landlord tenant case. A brief summary of Florida Landlord Tenant Law follows:
Rights And Duties Of Tenants And Landlords
The Florida Bar provides information for the public on certain general areas of law as well as specific legal issues in our Consumer Pamphlets.
Table of Contents
Rights And Duties Of Tenants
Rights And Duties Of Landlords
RIGHTS AND DUTIES OF TENANTS
When a person pays to live in a house, apartment or mobile home, the renter becomes a tenant governed by Florida law. It doesn’t matter whether payment is made weekly, monthly, or at other regular periods. Also, it doesn’t matter whether the apartment, house, or mobile home is rented from a private person, a corporation, or most governmental units. These facts are true even when this is no written “lease” agreement.
A tenant has certain basic rights protected by Florida law, which the landlord must observe. Of course, the tenant also has certain responsibilities.
The tenant's rights are specified in the Florida Statutes at chapter 83 part 2. A tenant in public housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant's rights. There may also be a written lease which could affect a tenant's rights. If there is a written lease, it should be carefully reviewed. The Landlord-Tenant Law prevails over what the lease says.
A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use. The landlord may only enter the dwelling in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.
The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building, and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem--even if the problem is non-payment of rent--before the landlord can go to court to have the tenant removed. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or the tenant fails to correct a problem after written notice from the landlord, the landlord must still go to court to be permitted to evict the tenant. In any court proceeding, the tenant has the absolute right to be present, argue his or her case, and be represented by an attorney.
If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won't be returned within thirty (30) days after the tenant leaves the dwelling. The tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.
The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an