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Question: Real Estate - Florida

Asked on 11/6/2009
Not paying rent and will move out. Lease over 12/31/09. Landlord broke law.
My landlord does not have a license but manage 2 condos for years. He enters my condo repeadetly without my permission and I have a witness (guest from Germany caught him). Sent harrassing emails, leaves his door open to invade my privacy. I am witholding rent and filed a complaint with FL Consumer Services. He harass me for the rent. What can I do?

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If you can prove all of this, particularly the repeated unannounced and unwelcome entries, in court, you can probably establish a "constructive eviction" (legalese for being forced out), because your lease includes what's called a "covenant of quiet enjoyment" of the place in your favor, from the landlord.  If you can't find it in the document, don't worry, because the law will imply that covenant (promise) if it isn't written in.

If you win, you are out of the lease, and owe nothing.



  • Answered on 11/6/2009
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