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What are my rental rights if there’s toxic mold in my residence?

Asked by user in Florida.

My landlord is negligent and doesn’t do what he should. There is mold inside my place everywhere and my son is always saying his eyes burn and he’s coughing. I can give you a long list of his negligence.

Answered by Enjuris Editors:

I’m sorry you’re going through this difficult time.

In Florida, landlords are required to provide a home that is safe and meets housing code requirements. Additionally, landlords are required to make reasonable repairs when necessary.

If your landlord fails to meet housing codes or make reasonable repairs when necessary, you can withhold rent. To do so, you must first give your landlord 7 days’ written notice so the landlord can fix the issue. (See Florida Statutes § 83.60). If the landlord doesn’t fix the issue, you can withhold your rent and seek court permission to spend part of it to do what the landlord should have done.

For help dealing with your landlord, contact a Florida landlord-tenant attorney in your area using our free online directory. If you think you may qualify for free legal aid, contact the Florida State Bar referral service.

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After spending several years in the military, Mr. Lorenzo served as an Assistant State Attorney in Hillsborough County. He prosecuted all levels of felonies and misdemeanors focusing on sexual battery and DUI cases. He then joined the Office of the Public Defender as the Felony Bureau Chief, where he supervised over 50 attorneys and litigated numerous high profile cases. Mr. Lorenzo has been practicing law for nearly 30 years, is a member of the Multi-Million Dollar Advocates Forum, and is licensed to practice law in Florida and Texas. Mr. Lorenzo is an expert in handling personal injury and criminal defense cases.

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