What to do if my husband and I recently signed a lease but have withdrawn because of inhabitable conditions and now the landlord wants to take legal action?

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What to do if my husband and I recently signed a lease but have withdrawn because of inhabitable conditions and now the landlord wants to take legal action?

When we put the offer the apartment was in good condition but when the lease was written we were informed by our realtor that we were getting new floors. After asking the reason why, we were told that there was water damage from an accident that happened in another apartment. We looked at the apartment again to see the damages and there was mold and mildew in the floor boards and the wood floors were uneven due to water under it. The landlord wanted us to move in first and then he would do the repairs. My husband and I suffer from allergies.

Asked on November 6, 2012 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absolutely not...do not move in. If you were in a contract based on a basic, material issue like habitability, working floors, no mold or mildew, your basic bargained for exchange did not come into fruition so the landlord cannot force you into a location that is hazardous to your health.  Inform the landlord in writing and explain that you will be filing a consumer complaint with your local consumer protection agency and expect any monies you have paid immediately returned to you.


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