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  1. #1

    Default Does Repeated Flooding Constitute Constructive Eviction

    My question involves landlord-tenant law in the State of: Orlando, FL

    Ok, so we rented this house, and had talked the landlord down in rent in exchange for some services (we offered to clean debris in the backyard, and to paint the house). We have lived here for about 2 months now, and it's flooded 3 times. I wanna think that the house is on a sinkhole. We took videos, I could upload them if someone wants to see. The house is a block style home with a tar roof. The rood just started leaking in my laundry room over my washing machine last night also.

    The house seems to be unlevel, and when it rains heavy, the water doesn't go anywhere, it just sits in my lawn and then starts coming in under the doors (not just a regular front door, my back patio door also). My roommate swears it is also coming up from the floor (like the ground is saturated) but I can't tell.

    I hope I am providing enough detail about the flooding. We told her we would try and fix the flooding, but she needed to pay for the materials. She agreed, and that was over a month ago, now we can't get in touch with her. Right now I had to take my garbage can and shovel out a pool in my back porch because she(landlord) had it walled up with wooden planks that weren't even nailed down, they fall all of the time and we put them back but we're so broke we can't afford to buy the necessary items for these extra repairs.

    So what can we do? Can we break lease and move? Get a rent reduction? Withhold rent until she fixes it? I don't wanna be a dick but I am afraid to use my kitchen OR my washer for fear of being electrocuted, and all of my linens are now molding from being soaked and wet, and this is just the beginning of Hurricane Season here in FL. It is going to start down-pouring every day. This is unlivable and we have asked her many times to fix it. What do we do? We don't have the money for a lawyer (if we did, maybe we could have bought something to fix the flooding ourselves ya?)

  2. #2
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    Default Re: Does Repeated Flooding Constitute Constructive Eviction

    Read this.
    Quote Quoting Florida Apartment Habitability
    Your defense that the landlord did not comply with his or her obligation to maintain the premises can be raised only if:
    1. You gave seven days notice in writing specifying the noncompliance.

    2. You stated that you intended not to pay rent for that reason.

    3. You were current on your rent before you sent such a notice.

    You must keep the rent money and be ready to either deposit it into the court’s registry (in case of eviction) or pay the landlord once repairs are made.
    Be careful not to waive this valuable right. Once you send the notice, do not pay any portion of your rent.

  3. #3

    Default Re: Does Repeated Flooding Constitute Constructive Eviction

    We did not do what you said, so what do we do based on this information?

    We sent her an email stating politely that we have been waiting 3 weeks, that the major rooms have become unlivable, and that we know our rights as renters, and that we would like to discuss the situation in person. By "we know our rights" I mean that we stated we understood that we could ask for a deduction in rent along with her making the repairs in a reasonable amount of time, or that we could be let out of our lease.

    Is there a peaceful way of going about this without immediately threatening to withold rent that will still be valid in court? I'm not trying to be an asshole and going to court kind of scares me (I'll do it if I have to but jeez). My ideal situation right now is to get my rent half off for the remainder of the lease and have her make it NOT flood. Is there a legal way of making that happen, or anything close to it?

  4. #4
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    Default Re: Does Repeated Flooding Constitute Constructive Eviction

    If you want to claim that your apartment is not habitable, you follow the law as outlined in the linked document. If you choose to give up your rights by blowing off your legal duties and simply stopping your rent payments, you can expect to be evicted.

  5. #5

    Default Re: Does Repeated Flooding Constitute Constructive Eviction

    I missed the link you sent, sorry. But why can I expect to be evicted? I'm just trying to be civil and not screw someone, and not get screwed in the process and not make everyone's life a living hell. Frankly I can't deal with the stress right now, I will if I have to because I can not live like this but I'm kind of a pushover.

  6. #6
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    Default Re: Does Repeated Flooding Constitute Constructive Eviction

    You can expect to be evicted if you don't pay your rent because that's what landlords traditionally do when tenants don't pay their rent.

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