Addendum to rental agreement addressing mold/mildew issues.
Florida Addendum To Apartment Lease regarding Mold
State:
Multi-State
Control #:
US-891LT
Format:
Word;
Rich Text
Instant download
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FAQ
If you are a tenant, you'll want to contact your local county codes office first to see if your county considers mold a reason for labeling a property untenantable. Otherwise, withholding rent could be a cause for eviction. Not following the legal course of action for rent withholding can lead to tenant eviction.
The lease may provide for a longer period of time for repair or maintenance. Per the statement above, the landlord has a minimum of 20 days to make the repair, after receiving written notice. The tenant may withhold rent for the next rental period and thereafter, during this time, until the repair has been performed.
If you suspect you've been exposed to and sickened by toxic mold through no fault of your own, you may be entitled to compensation. If the fault lies with an employer or a landlord avoiding the issue, you may have grounds for a lawsuit.
Under Florida landlord-tenant laws, mold resulting from a tenant's carelessness qualifies as excessive property damage. This means that the landlord will be able to deduct the cleaning costs from the security deposit when they move out.
Landlord Liability for Mold in FloridaThere is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Florida doesn't have any laws that specifically address a landlord's duties or liability when it comes to mold prevention and remediation.
Florida Statute 83.56 states a tenant should write to the rental unit owner or property manager outlining that you need the mold problem fixed (or other problems with the unit), and that if it is not fixed within 7 days, then you intend to terminate the rental agreement and move out.
A discovery of house mold is typically a valid reason to cancel a real estate contract, the binding legal agreement between the buyer and the seller of the home.
