Can I break my lease legally after flooding inside my home due to a tropical storm

The home is not level which cause 3-6 inches of rain to flow through all but 2 rooms in the home. The landlord dug a ditch outside for further rain, is repairing only one room of the house (walls). Further rain will continue to flow through the home as it is not level and there is no precausion to prevent this from happening again

Asked on June 26, 2012 under Real Estate Law, Florida


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

All leases in Florida have an implied warranty of habitability--meaning the premises has to be live-able.  You need to give your landlord written notice that the property is not usable and that you are considering their inaction cause to terminate the lease.  It also may be wise to call whomever is in charge of health, building and safety to "red-tag" the house, as this will add a great deal of weight to your argument if the landlord later claims you should have sucked it up and lived there.

Take pictures and video.  Send a letter by certified mail.  Also read the language of the lease and see if there is another "out" in the lease.

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