(no subject)
So, after this incident, I started doing my research to sue my landlord for release from my lease and also for some financial damages for all the shit I've had to deal with since August. I decided to share what I found, and what I was doing so if anyone else felt the need to force their landlords to get shit done, they could do so.
First and foremost, you will definitely need to use the following links:
Florida Landlord Tenant Law for Residential Tenancies http://www.800helpfla.com/pdfs/landlord_statute83.pdf
Tallahasee Building Code http://www.municode.com/resources/gateway.asp?pid=19980&sid=9
International Property Maintenance Code 2003 http://www.mechanicsburgborough.org/zoningcodes/pdf/IPMC.PDF
According to the Fla. L/T law, all landlords are required to comply with the relevant Building code. According to the Tally Bldg code, all landlords are required to comply with the 2003 Int'l Property Maintenance Code.
According to the Fla. L/T law, you can terminate your lease if you send your landlord written notice by certified mail of all ways in which he's failing to meet his end of the contract that is your lease. He has seven days from receipt of the letter to comply. If he doesn't make a "good faith effort" to comply within seven days, the lease is terminated. Then, you can go down the county court and file for the court to release you from the lease. This is the part where it gets a bit fuzzy for me -- but I have a friend who works for a landlord so she's basically told me she knows where to go and how to file, and she'll help me do it when the time comes. Anyway, when you file, you give the court everything you have -- photocopies of documentation, copies of certified mail receipts, etc. I'm even including copies of the relevant sections of the aforementioned code and pictures of the problems in my apartment.
There's also a section in there about withholding rent which may be an effective measure if you don't want to get out of your place but you want to get something done.
So, anyway, here's my letter to my landlord if you want to see what I did and use it as a template.
Dear Mr. Klein,
Please note the following violations of the Florida Landlord-Tenant Law on the unit I lease, ------. Aside from being generally unreachable on many occasions and being disrespectful, rude, and unprofessional during contact, you have failed to meet the following obligations:
1. Failure to provide for regular pest control as required by law on apartment properties (Housing Code, Division 2 Sec. 3-486 & IPMC 302.5).
2. Failure to provide keys to back door (Florida Landlord Tenant Law Section 83.51.2a2).
3. Failure to adequately maintain fence (Housing Code, Division 2 Sec. 3-486 & IPMC 302.7).
4. Failure to meet the terms of Florida Landlord Tenant Law, Statute 83.51. Specifically, failure to meet 83.51.1a (failure to comply with applicable building, housing, and health codes), 83.51.1b (maintaining roof, windows, doors, screens, step, porches), 83.51.2a1 (provide extermination), 83.51.2a2 (clean common areas), 83.51.2a4 (sanitary garbage removal), and 83.51.2b (provide a smoke detector).
5. Specifically regarding pests, failure to deal with numerous stray cats living on the property which have caused nearly $1000 of paint damage to my vehicle.
6. Failure to ensure compliance of other tenants to sections 10 and 14 of the “Terms, Rules, and Regulations” of the leasing agreement (excessive noise and disturbances; failure to tow non-permitted vehicles in the parking lot).
7. Failure to make many repairs listed in the move-in inspection with which I provided his agents several copies. (Please see attached copy.) Additionally, the unit was in unsanitary condition when I moved in, and since you were unreachable, I was forced to clean much of the previous tenant’s mess - including furniture, food out of the cabinets and fridge, trash in the bathroom, dirt in the cabinets, junk on the porch, pet hair in the carpet - on my own, an effort for which I was never compensated (as I requested). The property ought to have been delivered to me in clean condition.
8. Additionally, the apartment had fleas when I moved in, which I also treated myself over a course of two weeks using expensive carpet treatments, flea foggers, and medication for my pets.
9. Those repairs from the move-in inspection which were made took excessively long. My lease term began on August 1st. The damage to the front gate was not repaired until October. The stove was broken and required replacing as of early September, and was not replaced until early November. The bedroom light fixture was not repaired until February.
10. Failure to comply with the following portions of the IPMC: 304.2 (Protective treatment for exterior surfaces), 304.13 (windows kept sound condition), 304.18 (security devices on sliding glass door that serves as main entrance), 304.18.1 (entrance to unit equipped with appropriate lock), 305.3 (interior surfaces with chipped paint), and 307.1 (accumulation or rubbish), 308.1 (free from insect and rodent infestation).
As a result of these on-going problems and complaints, which I have repeatedly spoken to you or youragents regarding, and their repeated failure to act on my complaints, I am requesting, pursuant to Section 83.56 of the Landlord-Tenant Law, that you comply within 7 days of receiving this notice or I shall terminate this leasing agreement. I am also, pursuant to Section 83.55, recovering partial damages resulting from your failure to comply with the law and leasing agreement in the past.
I request specifically that the following actions be taken within the next seven days:
1. The professional extermination of roaches in the entire building (since it is commonly known that such pests can only be controlled by treating the entire building) every 30 days to ensure the end of infestation.
2. The cleaning up of the common areas and parking lot, including removal of garbage, rubbish, cleaning of the back deck of the building, and yard maintenance (since overgrown foliage, especially palm trees and dead leaves, encourage presence of pests).
3. The removal from the property of the stray cats which inhabit it, causing damage to my vehicle.
4. The regular enforcement of parking rules and regulations.
5. The regular enforcement of noise prohibitions.
6. Immediate repair of all problems in unit, including appropriate sealing of walls, doors, and windows, and openings in ceiling.
7. Regular removal of trash on property, as well as enforcement of trash regulations as specified in Section 17 of “Terms, Rules, and Regulations” of the leasing agreement.
8. Repair of fence on property
9. Repainting of bathroom walls
10. Repair of bathroom window, medicine cabinet, and cabinets.
11. All repairs on move in list.
In terms of liquidated damages pursuant to Section 83.55, I claim:
$100 for cleaning of property upon moving into unit.
$50 for cost and effort of flea treatments
$100 per month of noncompliance as a refund of rent paid during noncompliant months. ($800 total)
An additional $25 per month (2 months) for which I was without a stove. ($50 total)
$1000 for damages to my vehicle because of stray cats on property.
Total Damages (assuming all repairs are made this month) $2000
If you chose to terminate the rental agreement pursuant to Section 83.56, then pursuant to Section 83.55 I require immediate payment of:
Above Damages totaling $2,000
Overpaid Rent totaling $11 ($5 for January and March 2006, and $1 for August)
Pet Deposit of $200
Pre-paid last months rent of $568
Security Deposit of $569 and all interest accrued on security deposit
Total Return of Monies: $3348 plus relevant interest
Again, should you chose to terminate the rental agreement pursuant to Section 83.56, pursuant to Section 83.55 you will owe me a total of $3348. Should you chose to bring the property into compliance, you will pay me total damages of $2,000.
Please find attached a copies of the Florida Landlord Tenant Law, City of Tallahassee Housing Ordinances, and Internation Property Maintenance Code. If you do not provide a written response by certified mail within 7 days of receipt of this notice, Mr. Klein agrees to terminate the lease and pay the damages, and the relevant paperwork will be filed with the court.
Thank you,
------
First and foremost, you will definitely need to use the following links:
Florida Landlord Tenant Law for Residential Tenancies http://www.800helpfla.com/pdfs/landlord_statute83.pdf
Tallahasee Building Code http://www.municode.com/resources/gateway.asp?pid=19980&sid=9
International Property Maintenance Code 2003 http://www.mechanicsburgborough.org/zoningcodes/pdf/IPMC.PDF
According to the Fla. L/T law, all landlords are required to comply with the relevant Building code. According to the Tally Bldg code, all landlords are required to comply with the 2003 Int'l Property Maintenance Code.
According to the Fla. L/T law, you can terminate your lease if you send your landlord written notice by certified mail of all ways in which he's failing to meet his end of the contract that is your lease. He has seven days from receipt of the letter to comply. If he doesn't make a "good faith effort" to comply within seven days, the lease is terminated. Then, you can go down the county court and file for the court to release you from the lease. This is the part where it gets a bit fuzzy for me -- but I have a friend who works for a landlord so she's basically told me she knows where to go and how to file, and she'll help me do it when the time comes. Anyway, when you file, you give the court everything you have -- photocopies of documentation, copies of certified mail receipts, etc. I'm even including copies of the relevant sections of the aforementioned code and pictures of the problems in my apartment.
There's also a section in there about withholding rent which may be an effective measure if you don't want to get out of your place but you want to get something done.
So, anyway, here's my letter to my landlord if you want to see what I did and use it as a template.
Dear Mr. Klein,
Please note the following violations of the Florida Landlord-Tenant Law on the unit I lease, ------. Aside from being generally unreachable on many occasions and being disrespectful, rude, and unprofessional during contact, you have failed to meet the following obligations:
1. Failure to provide for regular pest control as required by law on apartment properties (Housing Code, Division 2 Sec. 3-486 & IPMC 302.5).
2. Failure to provide keys to back door (Florida Landlord Tenant Law Section 83.51.2a2).
3. Failure to adequately maintain fence (Housing Code, Division 2 Sec. 3-486 & IPMC 302.7).
4. Failure to meet the terms of Florida Landlord Tenant Law, Statute 83.51. Specifically, failure to meet 83.51.1a (failure to comply with applicable building, housing, and health codes), 83.51.1b (maintaining roof, windows, doors, screens, step, porches), 83.51.2a1 (provide extermination), 83.51.2a2 (clean common areas), 83.51.2a4 (sanitary garbage removal), and 83.51.2b (provide a smoke detector).
5. Specifically regarding pests, failure to deal with numerous stray cats living on the property which have caused nearly $1000 of paint damage to my vehicle.
6. Failure to ensure compliance of other tenants to sections 10 and 14 of the “Terms, Rules, and Regulations” of the leasing agreement (excessive noise and disturbances; failure to tow non-permitted vehicles in the parking lot).
7. Failure to make many repairs listed in the move-in inspection with which I provided his agents several copies. (Please see attached copy.) Additionally, the unit was in unsanitary condition when I moved in, and since you were unreachable, I was forced to clean much of the previous tenant’s mess - including furniture, food out of the cabinets and fridge, trash in the bathroom, dirt in the cabinets, junk on the porch, pet hair in the carpet - on my own, an effort for which I was never compensated (as I requested). The property ought to have been delivered to me in clean condition.
8. Additionally, the apartment had fleas when I moved in, which I also treated myself over a course of two weeks using expensive carpet treatments, flea foggers, and medication for my pets.
9. Those repairs from the move-in inspection which were made took excessively long. My lease term began on August 1st. The damage to the front gate was not repaired until October. The stove was broken and required replacing as of early September, and was not replaced until early November. The bedroom light fixture was not repaired until February.
10. Failure to comply with the following portions of the IPMC: 304.2 (Protective treatment for exterior surfaces), 304.13 (windows kept sound condition), 304.18 (security devices on sliding glass door that serves as main entrance), 304.18.1 (entrance to unit equipped with appropriate lock), 305.3 (interior surfaces with chipped paint), and 307.1 (accumulation or rubbish), 308.1 (free from insect and rodent infestation).
As a result of these on-going problems and complaints, which I have repeatedly spoken to you or youragents regarding, and their repeated failure to act on my complaints, I am requesting, pursuant to Section 83.56 of the Landlord-Tenant Law, that you comply within 7 days of receiving this notice or I shall terminate this leasing agreement. I am also, pursuant to Section 83.55, recovering partial damages resulting from your failure to comply with the law and leasing agreement in the past.
I request specifically that the following actions be taken within the next seven days:
1. The professional extermination of roaches in the entire building (since it is commonly known that such pests can only be controlled by treating the entire building) every 30 days to ensure the end of infestation.
2. The cleaning up of the common areas and parking lot, including removal of garbage, rubbish, cleaning of the back deck of the building, and yard maintenance (since overgrown foliage, especially palm trees and dead leaves, encourage presence of pests).
3. The removal from the property of the stray cats which inhabit it, causing damage to my vehicle.
4. The regular enforcement of parking rules and regulations.
5. The regular enforcement of noise prohibitions.
6. Immediate repair of all problems in unit, including appropriate sealing of walls, doors, and windows, and openings in ceiling.
7. Regular removal of trash on property, as well as enforcement of trash regulations as specified in Section 17 of “Terms, Rules, and Regulations” of the leasing agreement.
8. Repair of fence on property
9. Repainting of bathroom walls
10. Repair of bathroom window, medicine cabinet, and cabinets.
11. All repairs on move in list.
In terms of liquidated damages pursuant to Section 83.55, I claim:
$100 for cleaning of property upon moving into unit.
$50 for cost and effort of flea treatments
$100 per month of noncompliance as a refund of rent paid during noncompliant months. ($800 total)
An additional $25 per month (2 months) for which I was without a stove. ($50 total)
$1000 for damages to my vehicle because of stray cats on property.
Total Damages (assuming all repairs are made this month) $2000
If you chose to terminate the rental agreement pursuant to Section 83.56, then pursuant to Section 83.55 I require immediate payment of:
Above Damages totaling $2,000
Overpaid Rent totaling $11 ($5 for January and March 2006, and $1 for August)
Pet Deposit of $200
Pre-paid last months rent of $568
Security Deposit of $569 and all interest accrued on security deposit
Total Return of Monies: $3348 plus relevant interest
Again, should you chose to terminate the rental agreement pursuant to Section 83.56, pursuant to Section 83.55 you will owe me a total of $3348. Should you chose to bring the property into compliance, you will pay me total damages of $2,000.
Please find attached a copies of the Florida Landlord Tenant Law, City of Tallahassee Housing Ordinances, and Internation Property Maintenance Code. If you do not provide a written response by certified mail within 7 days of receipt of this notice, Mr. Klein agrees to terminate the lease and pay the damages, and the relevant paperwork will be filed with the court.
Thank you,
------