Tenant Rights In Florida

Summary

In Florida, tenants are generally not liable for hurricane damage unless negligence is proven. Landlords must maintain habitable conditions, addressing issues like mold, pests, and structural damage. Document all issues and communications. Consider sending a formal notice to your landlord and reporting to local housing authorities. Contact the Florida Department of Health in Polk County for assistance.

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Kris
Nice to meet you, Kris! How can I assist you with your legal issue today?
We live in a mobile home in Davenport Fl. Recently there was a bad hurricane coming through that we were in the direct line of. With the house being so old we had to evacuate. The old mobile home has a screened in front porch and when we came back we saw that one side of the screen had been damaged due to the storm. We reached out to our landlord to see when we could get this fixed. They ignored our texts, and failed to respond to our calls. Finally after 4 days the landlord (lady) declined our call and said she will meet with us in person after her husband is home. (she refused to go about this in a way that could be documented) once her husband got home my significant other and i went to talk to them. She was extremely extremely rude and passive aggressive; stating that our fold up porch chairs, small plastic plants, and a couple broken glasses (fell from the hurricane) is what broke the screen and that it was from the inside out so we have to pay for it. She was also passive aggressive about the blinds on the porch and how they weren’t rolled up (we the tenants didn’t even know they were blinds that could be moved and she the landlord never advised us) we also noticed once we got back from the storm that there was a piece of ply wood on the roof. Thinking that maybe it was blown up there we mentioned this to them during our discussion. She said that they fixed the roof right there right before we moved in and she’s not sure why it’s showing now, she acted like it was no big deal. So we have been here for almost a year with a piece of ply wood serving as our roof in an area of the house. When we first moved in and ever since there has been an extensive mold and mildew smell. We have also mentioned to them pests problems which for months they have ignored. They have construction going on next door and for months have had their workers use our yard as a driveway or parking lot. We have insulation coming up through the AC, i let them know I used to work in HVAC and it sounds like an animal such as a raccoon in the ducts. her husband responded ‘he works in ac before and he knows what he is talking about it is normal’ 4 months later the AC issues persist and they finally admit it’s probably a racoon but have yet to fix any issues.
It sounds like you have multiple significant issues with your rental property and your landlord's response. Here are some points to consider:
- Hurricane Damage: Landlords are typically responsible for maintaining the structural integrity of the property.
- Mold and Mildew: Landlords must ensure that the property is habitable and safe.
- Pest Infestation: It's usually the landlord's responsibility to address infestations.
- Unauthorized Use of Yard: Tenants have the right to quiet enjoyment of the property.
- AC Issues: Landlords must maintain essential services like HVAC.
Consider sending a formal written notice to your landlord detailing these issues and requesting prompt repairs. If they fail to act, you might consider reporting to local housing authorities or seeking legal advice.
One question: Have you documented these issues with photos or written records?
we do have documentation of our efforts to resolve these issues. she also said she knows it was our items in the porch that broke the screen because she saw it. but the hurricane hit at * at night the sky was black and she’s all the way across the street. so she was lying and extremely rude about it
It sounds like you have a strong case due to the multiple issues and the landlord's lack of response. It's good that you have documentation.
Consider the following steps:
- Send a formal written notice requesting repairs.
- Report to local housing authorities.
- Consult with a tenant rights attorney for further guidance.
Do you have any other specific concerns or questions?
in the state of florida are we held liable for the damages to the screen?
In Florida, tenants generally aren't responsible for damage caused by natural disasters like hurricanes. However, if the landlord proves negligence (e.g., failing to secure items that caused damage), you might be liable.
Do you have documentation showing the condition of the porch before the hurricane?
no we do not have documents of what the porch was like before the hurricane. it was a category five and this mobile home was out here in the *’s and smells like mold and mildew so we were a mandatory evacuation
Given the severity of the issues and the landlord's unresponsiveness, it seems you have a strong case.
In Florida:
- Tenants are generally not responsible for natural disaster damage unless proven negligent.
- Landlords must maintain habitable conditions.
Have you contacted local housing authorities or a tenant rights attorney yet?
no don’t want to spend the money on that when she is trying to charge us for a screen
Given your situation, it seems like you have several valid complaints against your landlord. Here are some steps you can take:
- Formal Notice: Send a written notice to your landlord detailing all issues and requesting repairs.
- Housing Authorities: Report the issues to local housing authorities; they can often help without cost.
- Documentation: Continue to document all communications and conditions.
Would you like more information on how to contact local housing authorities?
yes

Florida Department of Health in Polk County


Phone: (*) *-*
Address: * Golfview Ave, Bartow, FL *
Website: www.floridahealth.gov

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