Is an apartment complex legally obligated to move me to another unit if mine is found to have a health risk?

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Is an apartment complex legally obligated to move me to another unit if mine is found to have a health risk?

I recently learned that my fiancee and I have/are being exposed to toxic pesticide due to another tenants misuse. we have documents issues this tenant that the complex is aware of. The prolonged exposure is causing serious health risks. Do I have the right to ask to be moved at no expense to me because of it?

Asked on August 10, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All rental properties come with what is known as the "implied warranty of habitability." This is a term added to all lease (even if it's not actually written in; it is "implied to" or "implicit in" the lease) which states that the premises must be fit for its intended purpose--e.g. residence. If the premises is not firt for its intended purpose, that may give the tenant grounds to terminate the lease and move out without penalty, and/or to sue for a reduction in rent or monetary damages. It does not automatically give you the right to request another unit, but that is something you could try to negotiate with the landlord in lieu of terminating the lease or monetary compensation. You should consult with an attorney with landlord-tenant experience who can explain your options, evaluate your case, and help you pursue your rights. Good  luck.


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