Here's the situation. My niece and nephew rented a apartment 3 months ago. It was a 3 bedroom duplex. Downstairs was 1 bedroom, living room, kitchen and bathroom. Upstairs was 2 bedrooms and a bathroom. They told the landlord they only needed a one bedroom. The landlord stated to them that they can add a door way to the downstairs and close off the downstairs entrance. On the left of their door way was the stairs to go up to the other two bedrooms. They said OK, they received a lease for 6 months but nothing was in the lease about them adding a door way and door to make it a separate apt. it was a verbal agreement. If the landlord said they couldn't put a door they would have never rented the apartment.
So now their rent was 9 hundred and 80 dollars a month, water and separate included. The landlord rented the 2 bedrooms upstairs, first to a family of 4. they paid 500 a month. They had no use of a kitchen. They bought their own refrigerator and so on. After a month they moved and another family moved upstairs.
My niece called code enforcement because none of her windows or terrace doors opened and her landlord was not fixing them. Trying to make a long story short but it just isn't working. So after the first month of paying rent and a deposit. The second month came a new man came to collect the rent saying he is the new owner his brother inlaw used to own the apt now he does. He came to my nieces house and said he needs to BREAK HER DOOR DOWN ON WED! BECAUSE HE SAID CODE ENFORCEMENT TOLD HIM HE HAD TO..
Now if they take the door down my niece who has a 5 month old baby will be in a duplex with another family above her and no privacy.
Here's my question>>> what can she do about this situation. Was it legal in the first place for the landlord to rent them the apt and tell them to put up a door?/ And after 3 months tell them now they have to remove the door?/
Please help somebody.
My niece lives in the state of Florida, in broward county. If anyone can help please respond soon..
Thank you.

Hello Star:

There are about 4 jillion mistakes made by ALL the parties, so it's going to be difficult to sort it out. However, the approaching problem could have been seen coming if only one wanted to look.

I am referring to this one piece of information. Your niece was aware from day one that the landlord she was renting from didn't like swinging a hammer in his own place. To then expect him to respond to complaints with his hammer in hand, is like wishing you win the lottery. It ain't going to happen. Therefore, the responsibility for the mess lies with your niece.

Mistakes:

1) Agreeing to the door without it being in the lease.
2) Buying and installing the door yourself.
3) Renting a home without a kitchen.
4) Calling code enforcement when the landlord didn't show up with hammer in hand... Duh!!
5) Paying rent to a new guy without knowing who the new guy is.
6) Not getting a receipt when she paid the rent. You didn't say that, but I'm just guessing...

So, in the simplest terms, she needs to move. This ain't going to get fixed. He probably doesn't have an occupancy permit for two separate apartments. The door must come down, and that's not going to work for your niece.

excon

If I understand this correctly, your relatives are living downstairs in a one bedroom apartment, with a kitchen. Off the main entrance is the ability to either enter your relatives area, or go through a doorway and up the stairs to an area consisting of two bedroom. Your relatives constructed a door to separate their living area from the upstairs living area. Due to a complaint filed by your relatives, the city is now aware of code violations which must be corrected immediately or no one is going to be living in the property. On top of all that, the former owner has now transferred the title to the property to his brother-in-law. OK

1. Ask the new owner for proof of ownership. Find out if he has a copy of your lease. Review it with him. If you rented a one bedroom apartment with kitchen etc. that is what he needs to provide to you. He inherited the lease and must abide by it. If it states that your relatives rented a single family home at such and such an address... then that is what must be provided, no matter how many bedrooms it has. This is all going to depend on what is in the lease. Was it rented as a single family home? Boarding house? (because without that door that is what they are living in.)

2. Allow him to take down the door. It is probably a fire hazard.

3. See if the people currently living upstairs will allow your relatives to see their lease. Something tells me there isn't a legal one on file.

Keep us up to date. This is very interesting. I wouldn't be moving out just yet. The new landlord could bring suit since you are not giving him time to correct the error. Give it a few days, review the lease and get back to us.

Thank you Excon and landlord avocate for responding.
Exon the landlord would not give my niece the key to the front door until she installed her door to separate the downstairs from the upstairs. My niece has the kitchen, livingroom, and 1 bedroom and bathroom down stairs. There are 4 people living upstairs in two bedrooms and 1 bath>> no kitchen up there. So far we been to code enforcement today. They told us what the landlord did was not legal. The door will be coming down tomorrow. They told my niece she needs to contact a lawyer, she may be able to get her money back.
If anyone else has any comments please do so.
Thanks all!

Thank you Excon and landlord avocate for responding.
Exon the landlord would not give my niece the key to the front door until she installed her door to separate the downstairs from the upstairs. My niece has the kitchen, livingroom, and 1 bedroom and bathroom down stairs. There are 4 people living upstairs in two bedrooms and 1 bath>> no kitchen up there. So far we been to code enforcement today. they told us what the landlord did was not legal. The door will be coming down tomorrow. They told my niece she needs to contact a lawyer, she may be able to get her money back.
If anyone esle has any comments please do so.
Thanks all!


We are still back to WHAT DOES THE LEASE SAY? Does the lease state that she rented a single family home?