What are our rights regardig water damage and mold in our apartment?

Our apartment building was struck by lightning about 5 months ago, which destroyed the eaves outside of our bedroom window. Water damage and mold ensued shortly thereafter. When we noticed the problem, we have attempted multiple times to get our apartment managers to resolve the water damage and mold that had occurred. The eaves have been fixed, likely due to a code violation that was issued to the apartment complex, however to this day, they have not fixed the mold and water damage in the apartment. We have signed a mold addendum with the apartment complex on our lease and per its stipulations, we have notified them in writing 3 months agoand have a copy of the letter which was signed by the apartment manager.

Asked on September 14, 2012 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Then go to landlord tenant court and ask to start an action for a breach of the warranty of habitability.  Ask the court to allow you to pay your rent in to court until the matter is taken care of and for an abatement (reduction) of the rent.  The court will make sure it is taken care of and if it is not, you can request that the lease agreement be voided.  Good luck.


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