§ § 83.49). Renters expect landlords to provide homes free of … Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Under Florida landlord-tenant laws, mold resulting from a tenant’s carelessness qualifies as excessive property damage. Ann. Breaking a lease due to black mold in Florida is not necessarily the first option a tenant should consider. If you are Tenant that has discovered mold, it is important that that follow Florida Statute. What Are a Tenant’s Rights in Florida? While this is warranted in certain situations, many times some mold is okay or … The liability picture changes when mold grows as the result of your own behavior, such as keeping the apartment tightly shut, creating high humidity, or failing to maintain necessary cleanliness. A tenant has certain rights and responsibilities under Florida law. News Tenant Exposed to Toxic Mold Gets $250,000 Settlement A tenant's lawsuit claimed he was sickened when an improperly repaired water leak allowed mold … Otherwise, the tenant may have a right to file a personal injury suit against their landlord to recover financial compensation for the illness, disease, or health complications caused by mold. The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay Basically, the Florida Mold laws are usually interpreted as either the landlord has to properly remove the toxic mold as to bring the rental unit back into a safe and habitable dwelling, or the tenant can have it completed by professionals and the landlord foots the bill. ​Read More:​ Rights of Tenants Without a Lease in Florida. A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. See Florida Tenant Rights to Withhold Rent for more information about these strategies, including their limitations. Mold grows in moist places, so if the landlord keeps the property air-conditioned and dry then it shouldn't be able to grow. People with asthma or allergies have reported severe reactions to mold exposure, and people with immune system problems may be exposed to infections through contact with mold. A Florida Tenant does have the right to withhold rent from their Landlord or terminate the lease if the Landlord refuses to remove the mold. Federal law doesn't require you to disclose a problem with mold in the property to potential renters, but some states do, including California and New York. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. In Florida, there’s a particularly common issue that causes legal disputes between landlords and tenants year after year, particularly when the weather heats up. 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? Every landlord should take mold seriously. All renters have legal rights. Thousands of lawsuits over mold infestation in residential buildings and apartments are filed and litigated every year. Just like any other damage beyond ordinary wear and tear, you must notify your tenant of the mold damage costs within thirty days after they move out. Florida Landlord Tenant Law. 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. PART 4: Finding Information About the State and Local Laws The written notice shall also indicate the tenant’s intention to terminate the rental agreement due to this noncompliance. If a tenant gets sick because of exposure to mold, the landlord could be responsible for any damages. It also describes federal laws that prohibit housing discrimination on the basis of disability. If the presence of mold affects the livability of the apartment and the health and safety of the tenants, the landlord is in violation of this warranty and the tenant should move out. Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover. Florida’s Tenant Protection Law. Mold tends to worsen when left unaddressed, and it's your property that's at stake. Florida has two basic sets of laws relating to the presence of mold in a Florida dwelling. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold. Specific landlord and tenant responsibilities, including apartment maintenance and pest control, are listed in the lease and governed by Florida law (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. This means that you will be able to deduct the cleaning costs from their security deposit when they move out. Tenants and landlords share responsibility for controlling mold to ensure healthy living conditions. Mold: You hope you don’t have it, you can’t always see it, but you can’t ignore it. Rights of Florida Tenants Who Are Not on the Lease, Florida Statutes for Eviction of Disabled People, Rights of Tenants Without a Lease in Florida, Nolo: Mold in Rentals: Landlord Liability, Responsibility, and Prevention, Florida Department of Health: Mold and Moisture. Courts have recognized two common legal self-help strategies that some tenants... Landlord Liability for Mold in Florida. Landlords are under no obligation to have their rental properties tested for mold contamination before allowing a tenant to move-in. 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. Discuss the situation with your landlord and ask if it’s possible to be relocated until the mold issue is resolved. There is currently no federal law covering a landlord's responsibilities when it comes to mold. This responsibility derives from Florida statutes such as Section 83.51 that require landlords to maintain their properties in good repair, and case law such as Katz Deli v. Waterways Pizza, which awarded damages to a plaintiff whose business had been damaged by a mold infestation. If the tenant discovers the mold problem before the landlord does, the tenant is responsible for telling the landlord about the problem promptly. A persistent mold problem constitutes a hazardous condition. What you can do is take steps to prevent and eliminate mold if those nasty little spores start appearing in your rental property.. A tenant’s rights in Florida include the right to seek out housing and enter into lease agreements without facing discrimination from landlords. If your landlord claims your response was not prompt, even if the message was delivered ASAP, or if you’ve gotten sick from mold … To learn more about landlord disclosure requirements in Florida, check out Florida Required Landlord Disclosures. Due to the warm and humid climate in South Florida, it is common for tenants to have roof leaks, air conditioning leaks and pipe bursts all of which introduces water into the property. Florida tenants also have the right to any interest earned on the security deposit when their landlord maintains their deposit in an interest-earning bank account. The attorney listings on this site are paid attorney advertising. If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. A tenant residing in Florida has certain legal rights when the landlord fails to maintain the premises. However, landlords in Florida still are responsible for keeping their properties free of mold. 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 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. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. If you own or manage a rental property in Florida, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill. Read on to learn about landlord responsibilities and tenant rights in Florida when it comes to mold in rental properties. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment unpinhabitable. The 2016 Florida Statutes: Landlord and Tenant, Legal Beagle: Rights of Florida Tenants Who Are Not on the Lease, Legal Beagle: Rights of Tenants Without a Lease in Florida, Legal Beagle: Reporting Slumlords and Other Landlords, Legal Beagle: Types of Damages Recoverable in a Lawsuit. Florida law allows landlords to do this, provided they give the tenant a required notice with written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. ​Read More:​ Rights of Florida Tenants Who Are Not on the Lease. Retaliation. It governs the rights of both landlords and tenants. The basics of toxic black mold Mold has a bad reputation. If mold is discovered, the landlord is responsible for removing it from the property. Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building. Non-Payment of Rent Section 83.56(3), F.S. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. These symptoms have no scientifically proven connection to mold as of yet, and a tenant probably would not be able to win a lawsuit based on a complaint with no scientific backing. For example, a local news channel investigation uncovered tenants at an Orlando, Florida, apartment complex living with serious mold, leaks, and flooding issues, as well as damaged electrical outlets that posed a fire hazard. These specific set of Florida mold laws deals with how landlords and tenants work through issues pertaining to mold infestations and mold removal when mold is discovered on a leased property. For more information about security deposits in Florida, check out Florida Security Deposit Limits and Deadlines. 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 second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent. Do Not Sell My Personal Information, federal law requires disclosures about lead paint, Florida Security Deposit Limits and Deadlines. Pursuant to Florida Statutes a Tenant must give the Landlord a seven (7) day notice to cure stating that they intend to either withhold rent or terminate the lease if the mold is not removed. Mold has been blamed for a number of chronic health conditions including asthma, rashes, nausea and even cognitive issues. 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 a tenant gets sick because of exposure to mold, the landlord could be responsible for any damages. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. There also may be a written lease that could affect a tenant’s rights. The laws around mold vary from state to state, so if you feel your apartment is uninhabitable due to mold, be sure to check your state laws or ask a lawyer for advice. *Note: This page contains materials in the Portable Document Format (PDF). First, are the general protections provided under Florida’s landlord-tenant statutes which are contained in Chapter 83, Part II, Florida Statutes. Florida tenants should know their rights and legal obligations before speaking with landlords, as this can save time and unnecessary aggravation on both sides. Although mold is often associated with buildings in wet climates, no rental property is immune from a mold outbreak, as one can occur following an unattended spill, faulty plumbing, or even a misdirected lawn sprinkler. Landlords should not to try to remove the mold themselves, because only a certified specialist in mold remediation can be sure of removing the problem completely and fulfilling the landlord's legal responsibilities. Florida Rules Regarding Mold in Rental Properties Tenant Self-Help Strategies in Florida. However, should a tenant discover mold within the home after the fact, it then becomes the landlord’s legal responsibility to assess and solve the issue, including payment for the removal of all contaminants. The city reportedly fined the landlord $15,000 per day for 31 violations of its health and safety code. If there is no written lease, these laws regulate the tenant’s rights. Official Florida Mold Laws for Renters. 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. The second major remedy when there is a mold issue, is to terminate the lease if the mold problem is “significant.” Some have reported other symptoms such as headaches, nosebleeds and memory loss. 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. Exposure to mold can make a person feel sick, with symptoms such as congestion, coughing, rashes and irritated eyes and sinuses. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Tenants Rights About Mold in an Apartment in Florida Dangers of Mold. Learn more about your rights and obligations as a tenant or landlord in West Palm Beach or elsewhere in Florida by contacting Pike & Lustig, LLP. Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 In some states, the information on this website may be considered a lawyer referral service. However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. In Florida, the landlord is responsible for taking reasonable steps to keep the property mold free, and for removing mold once he becomes aware of its presence. SPECIAL NOTE: If you have questions about licensure of mold assessors or mold remediators in Florida, please review this Florida law.The Florida Department of Business and Professional Regulation is responsible for licensing mold assessors and remediators. The federal government has no nationwide standard for mold in residential or commercial properties, and most state and city governments also do not address mold issues directly. However, tenants suffering from respiratory problems because of exposure to mold may have a strong case against their landlord under Florida law. For more advice on this, see Mold and Your Rental Property: A Landlord's Prevention and Liability Guide, by Ron Leshnower (Nolo). Responsibility to disclose. Consider requiring a mold inspection in the lease: Requiring the tenant to pay for a mold inspection by a certified "industrial hygienist" could protect you from claims that you knowingly rented an "uninhabitable" (because of mold) housing unit. Learn about landlord/tenant law and tenants' rights in CT. Legal Basis for Damages. This article was written by Legal Beagle staff. Therefore, if you are faced with this issue, call the Law Office of Brian P. Kowal, PA at (954) 990-7552. Tenant Options. If the tenant doesn't object (within 15 days), then you must return the remainder of the deposit to the tenant within 30 days of the date of your written explanation (Fla. Stat. Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. 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. You have these rights even if you don't have a written lease, and even if you signed an agreement saying you would give up your rights. (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.) A tenant in federally subsidized rental housing has rights under federal law, as well. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm. When discovering mold in apartments tenants rights in Florida dictate that the landlord is responsible for remediating the problem. If repairs aren’t made in a timely manner, tenant can withhold rent or move into a temporary housing paid for by the landlord . A top environmental hazard, mold thrives in warm, damp places, and often grows quickly in basements, attics, and other parts of buildings with poor ventilation and humidity problems. Indoor Mold and Your Health. If you have reason to believe your rental is contaminated with toxic black mold, and it has caused health problems, suing your landlord for black mold is one way to get compensated. Retaliation against tenants for requesting repairs that affect habitability is illegal under Florida law . Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If you have any questions, please reach out to us on our contact us page. Once water breaches the inside of the property and it is not immediately dried out and left untreated, it can result in the growth of toxic black mold. This part describes three main types of state and local laws that might address IAQ in rental homes: housing codes, landlord-tenant laws, and laws on specific issues (such as smoking). Tested for mold in rental properties tenant self-help strategies that some tenants landlord! Leaf Group Ltd. / Leaf Group Ltd. / Leaf Group Ltd. / Group! 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