Can I bring a case against my previous landlord?
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Can I bring a case against my previous landlord?
A previous landlord has opened a case with collections which has been reported to the credit bureau; I broke a lease because of a serious termite infestation, roof leaks and electrical issues (all of which I feel made the home unsafe). The amount he is trying to collect is for the remainder of the lease, which is also an issue because he had the home leased to another tenant months before my lease would have been up. I feel this is not legal and that I do not owe them. Am I correct and do I have a case?
Asked on July 25, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you broke your lease with time remaining on it due to alleged condition issues but the landlord leased it out to a third person for the balance of your time remaining and then some, and the new tenants moved in and paid on their lease over the time period that you owed on, then under the laws of all states in this country, if their rent was equal to or more than your monthly rental, your former landlord has no damages to complain of.
I suggest that you consult with a landlord tenant attorney to assist you further on your matter. If you do not have a report from some third party expert stating that the conditions were unsafe at the rental due to roof leaks and the like, your defense for moving out due to uninhabitable conditions does not appear that there will be much substance to it at trial unless you have photographs depicting the conditions.
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