What should I do if landlord refused to make repairs after 10 day notice, and is now trying to throw me out before my pai for month is up?

UPDATED: Jul 19, 2010

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What should I do if landlord refused to make repairs after 10 day notice, and is now trying to throw me out before my pai for month is up?

I moved in to a mobile home 2 weeks before I was advised to give my landlord a 10 day notice for repairs that he failed to make(A/C, hole in floor, etc). And on my lease it states that he is to do repairs to my a/c, but what he did was bring window units, which was not what I was suppose to have. I have a hole in my floor, leaks, he fixed nothing. I went to take him the notice and he asked me to get out because I was a headache. The notice stated I would be moved out before 8/1. Today he comes and gives me a 3day notice to move or pay rent. I moved in on 7/1 my lease and rent done on 7/2 at his request.

Asked on July 19, 2010 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If a landlord violates a lease term (as to repairs or services), that term may be enforced; even without an explicit term regarding those things, if the property is so deficient that the tenant is not receiving what he is paying for, the landlord may still be in violation of the lease itself or (for conditions affecting inhabitability) of the "implied covenant of habitability." In these events, the tenant could possible, depending on exact circumstances, do one or more of the following: i) sue for monetary damages or compesation; ii) seek an order requiring repairs; iii) terminate the lease without penalty; a tenant should consult with an attorney to explore his options and recourse.

2) A landlord may not evict a tenant during the term of a lease because the tenant "is a headache" unless the tenant is damaging property, disturbing or threatening other tenants, or threatening or defrauding the landlord. At the end of the lease term, the landlord would not have to renew, however.

3) If a teant does not pay rent on time--when it says to pay under the lease--then the landlord could seek eviction as a remedy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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