See Florida Tenant Rights to Withhold Rent for more information about these strategies, including their limitations. Tenants have some duties to maintain their rental unit , so when a tenant's own negligence is the sole cause of injury, the landlord is not liable. If your landlord claims your response was not prompt, even if the message was delivered ASAP, or if you’ve gotten sick from mold … What you can do is take steps to prevent and eliminate mold if those nasty little spores start appearing in your rental property.. Under Florida landlord-tenant laws, mold resulting from a tenant’s carelessness qualifies as excessive property damage. Tenants Rights About Mold in an Apartment in Florida Dangers of Mold. ​Read More:​ Rights of Florida Tenants Who Are Not on the Lease. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise. However, landlords in Florida still are responsible for keeping their properties free of mold. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. Sackrin and Tolchinsky Attorneys: Mold Claims by a Florida Tenant: Can You Sue the Landlord When Mold Is Found in a Leased Home, Apartment, Office, or Condo? The following information will help you understand your rights and legal options when you have been injured by black mold in an apartment or other rental unit. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. If a tenant gets sick because of exposure to mold, the landlord could be responsible for any damages. The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Non-Payment of Rent Section 83.56(3), F.S. If the tenant doesn't tell the landlord about the issue right away, the landlord can use that as a defense in court, and the tenant may have a harder time collecting damages. The landlord also should inspect the property for mold often, because he can be held liable if the mold has been present for a long time even if he didn't know about it. (Note that regardless of what may appear in a written lease with tenants, landlords in Florida are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) Mold: You hope you don’t have it, you can’t always see it, but you can’t ignore it. It governs the rights of both landlords and tenants. Tenants and landlords share responsibility for controlling mold to ensure healthy living conditions. A landlord can potentially be held liable for the tenant's moving expenses and any mold damage to the tenant's possessions, as well as damages from illness. Every landlord should take mold seriously. Do Not Sell My Personal Information, federal law requires disclosures about lead paint, Florida Security Deposit Limits and Deadlines. Mold grows in moist places, so if the landlord keeps the property air-conditioned and dry then it shouldn't be able to grow. A tenant must notify the landlord, in writing, by hand delivery or mail, of noncompliance with Florida law or the requirements of the rental agreement. If there is no written lease, these laws regulate the tenant’s rights. Florida doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. The attorney listings on this site are paid attorney advertising. If repairs aren’t made in a timely manner, tenant can withhold rent or move into a temporary housing paid for by the landlord . Most toxic mold lawsuits against building owners and landlords are settled before trial, but those filed against homeowner's insurance providers typically are resolved at trial. Not all of these conditions have been conclusively linked to mold in scientific studies, and the question of how dangerous mold really is has not been scientifically resolved. 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