Hello all, I just had worse living condition exp. While moving to FL. This all occurred within 1st week of moving in. To keep it short and sweet I notified breaking lease in writing to landord/property management co. due to fact that septic system stopped working and I had sewage backing up into toilet and into entrance area and driveway. I notified landord handyman and 2 days later problem persisted, called prperty mangment, 4 days later still no fix. I then lost pateience because I was starting to get sick from it all! I then gave notice in writing, packed things up and rolled back to my home state of PA. I documented problems of septic problem along with no smoke dectors installed, severe ant situation that where coming into house and getting into my car, with pics and video. What is worse case scenerio that can happen to me? Credit get bashed? Keep my security deposit? They can't garnish wages correct? What are my legal options? Should I wait to see what they do? On my defense should I contact local newspapers, local health board, better business bureau, etc. etc. etc. I just feel I was totally screwed over and didn't want to deal with landlord and property mang. That would let an unhealty situtation go on like that for so long! Any help would be greatly appreciated.

Florida law favors the landlord in an extreme way.

Hang on to all your evidence, if this landlord takes you to court, you will need it.

Florida law does not even require the landlord to try to re-rent the property and allows them to charge you for the entire term of the lease.

Well you picked the worst state in the union to break a lease. Florida is the only state that doesn't require a landlord to make a good faith effort to rerent the property. So they can sit on the property and require that you pay rent until the end of the lease.

So they may not do anything now. They may just sit back and wait until the lease expires, then sue you for the unpaid rental for the term of the lease. They could then get a judgement against you and garnish your salary or seize other assets.

That's the worst case scenario. What I would do, at this point is to get them to acknowledge that you terminated your lease and then no further rental is due. Not sure how you can do that, though.

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Originally Posted by davedub69

hello all, i just had worse living condition exp. while moving to FL. This all occured within 1st week of moving in. To keep it short and sweet I notified breaking lease in writting to landord/property managment co. due to fact that septic system stopped working and i had sewage backing up into toilet and into entrance area and driveway. I notified landord handyman and 2 days later problem persisted, called prperty mangment, 4 days later still no fix. I then lost pateience b/c i was starting to get sick from it all! I then gave notice in writting, packed things up and rolled back to my home state of PA. I documented problems of septic problem along with no smoke dectors installed, severe ant situation that where coming into house and getting into my car, with pics and video. What is worse case scenerio that can happen to me? Credit get bashed? Keep my security deposit? They can't garnish wages correct? What are my legal options? Should i wait to see what they do? On my defense should i contact local newspapers, local health board, better business bureau, etc. etc. etc. I just feel i was totally screwed over and didn't want to deal with landlord and property mang. that would let an unhealty situtation go on like that for so long! Any help would be greatly appreciated.

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Were you reporting the problems to the Board of Health or local inspector as they were occurring?

The landlord could sue you and obtain a Judgment - cannot touch your wages but can take any other legal means to collect (seize bank accounts, levy against property) IF Judgment is awarded. A Judgment, of course, will be reflected on your credit report.

What was the experience of your neighbors?

It would be better on your side if you had stayed in Florida, just somewhere else, than moving back to PA because I think there can be an assumption that you just plain didn't like Florida.

I would do nothing - why antagonize the landlord and reporting conditions after the fact won't help your case - and see what happens next.

Hello dave:

Credit get bashed?? Keep your security deposit?? Nahhh, like Prog said, it's much WORSE than that. Can't garnish your wages?? Who told you that??

Florida is the only state in the union where the landlord can sue you for the entire balance of your lease. If he wins, and I see no reason why he wouldn't, your wages CAN be garnished...

I'd write or call them and try negotiate a settlement... I'd offer 'em a couple months rent PLUS your security deposit. If you get a settlement, get it in writing.

You, of course, are right... They are BAD landlords... But, you needed to follow Florida landlord/tenant law, and you didn't. Therefore, it doesn't matter how right you were, because you were ultimately WRONG.

excon

I could not afford to try to find another place! I was starting to get majorly sick! I didn't report anything yet because I don't want to nor did I think had to. I just want to act like situation never ocured and just move on! I am trying to keep this like a unhappy customer business owner relationship, make the customer happy! I guess I will just wait and see. Is 30 day written notice enough to breach contract? I am just trying to keep my loses to a min. They really can seize my bank accounts over this and affect my credit even though I am willing to pay up to the 30 day notice? Is moving back to PA really that bad because I had nowhere else to go and iw as concerned for my health? To me this seemed like slumlord situtation here. I am trying to be civil here! My credit is perfect, will this really crush it that bad?

Update: I did offer to give them first months rent and to refund me my security deposit because I was only there 8 days, and prop. Mang. Woman said the landlord wouldn't accept that but I think she was bs because she told me that the very first time I talked to her making it impossible to been able to speak the landlord. I'm glad I only signed 6 month lease. Do I still have right to occupy the property up to first missed payment because I have a friend who could occupy the place that lives several miles from the place who could use it possibly and then I could just have him pay me and then me in return pay them??

Hello again, dave:

Look, we're in your corner. We understand how bad it was. But, in terms of the law, it doesn't matter - not even a little. There WERE remedies available to you under the law. You didn't avail yourself of them. You left instead. That's not going to bode well for you.

Yes, you are vulnerable to all sorts of really bad things. That's why you should attempt to make a settlement and/or sublet to your friend. The sublet must be approved by landlord... However, if they refuse to let your friend in without a real good reason, I doubt a judge will let them get away with it...

BUT, you're in PA. They're going to sue you in Florida. If you defend yourself, you're going to have to go back to Florida to do it...

Nope, you had best make a settlement with them. I know you want it to go away, but I don't think your landlord will let it lie. And, if you wait, you may hear from a collection agency or an attorney instead of the landlord. Of course, they're going to add their fees onto your bill too. If you settle with them BEFORE any of those others get involved, you can save money AND your credit. But, once it's turned over for collection, your credit is dinged.

I would do everything in writing from now on, too. If you talk with them on the phone, follow it up with a letter that outlined the conversation. You have to begin protecting yourself - even at this late date.

excon

PS> Even though they're not required to by law, if they've rented your unit, you're only liable for the amount of rent they DIDN'T get. They cannot collect rent from a new tenant and sue you for it too.

A lease is a contract. You can't break a contracrt without good cause. And if you do want to break a contract, you have to follow certain rules. Forget 30 day notices. You have a 6 month lease. I could tell you what you had to do, but its too late because you didn't do it right and just abandoned the unit.

Now, your best option is as excon said, negotiate a buyout or sublet. Otherwise you can be held liable for the terms of the contract and you can be sued for that amount. If you lose the suit, they can attach assets to get the amount of the award.

Actually Pennsylvania Law states: "Only under very limited circumstances does Pennsylvania law permit the garnishment of wages. Garnishment of wages is a seizure of wages while they are still in the control of the employer, and have not yet been paid out to the employee. An employee's wages, salaries and commissions may be taken from an employer through appropriate legal procedures to satisfy five kinds of debts:

judgments for child or spousal support
PHEAA student loans
room and board for four weeks or less
back rent on a residential lease
obligations relating to final divorce distribution
Your wages cannot be garnished for any other purpose. "

Well wouldn't this qualify as back rent on a residential lease?

I guess technically, the landlord would need to wait until the term of the entire lease has expired in order to classify it as "back rent".

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Originally Posted by ScottGem

Well wouldn't this qualify as back rent on a residential lease?

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I don't think so - at least to me it looks like ongoing rent. If the "place" sits empty for the term of the lease (which I think somebody said is actually allowed in Florida), then it's back rent.

I find the wording odd and would "think" it should be "unpaid rent" or something along those lines but the Statute says "back rent" so maybe it's open to interpretation.

Hey... if this happened to me I'd sue the landlord for the return of the security deposit. And if the landlord counterclaimed for the rent I'd claim constructive eviction. C'mon... 6 days with raw sewage? IMO that's an incredibly good case.

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Originally Posted by JudyKayTee

I don't think so - at least to me it looks like ongoing rent. If the "place" sits empty for the term of the lease (which I think somebody said is actually allowed in Florida), then it's back rent.

I find the wording odd and would "think" it should be "unpaid rent" or something along those lines but the Statute says "back rent" so maybe it's open to interpretation.

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I still can't rate you due to lack of "spreading".

You know, sometimes it is hard to find a good answer from enough other people to be able to rate the ones that deserve it.

If the landlord were to wait until the full term of the lease to expire, before they file the suit, then I believe they will have met the standard for the wording "back rent".

If he were to file prior to the lease expiration, he may have problems with the attempt to garnish if he was awarded the judgment.

at this point my rent in not overdue nor did I damage any of the property. Should I just wait and see what happens and try to reach deal with landlord? Any other suggestions since I still have some time on my side. Should I hire an attorney at this point in time and if so should I obtain one in Florida? Also, do u think because of the living conditions I have anything on my side or should I just suck it up and pay the rent on a monthly basis or can I try to get modified payments or such because I will have 2 rents to pay. I mean can I tell landlord I can only afford x amount per month and do that instead of paying the full monthly rent? Thank you all!

I wouldn't give up that fast. I'd send them a letter by certified mail, return receipt requested, giving them your forwarding address and asking when you can expect the return of your security deposit.

I agree with Lisa. Force their hand to take action. If you have proof of the unliveable conditions, if they sue you, that's your defense.

At what point does your credit get affected, once a judgement is brought against you or once its sent to collection agency? I am trying my best to keep my perfect credit and stay out of the courts. I will try to settle this out of the courts beforehand because I rather not go that way. Should I hire a lawyer before hand or wait to see if I get sued. My 2 main concerns are spending as little $ as possible and maintain my perfect credit. Also who should I be contacting landlord or the prop. Mang. co. that represents him/her. I really appreciate this all.

If its sent to collections, the collections agency can choose to report it or not. Some landlords have accounts with the credit bureaus and may report a late rent payment immediately. But most landlords don't. Once a judgement is obtained the credit bureaus will pick that up.

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Originally Posted by ScottGem

If its sent to collections, the collections agency can choose to report it or not. Some landlords have accounts with the credit bureaus and may report a late rent payment immediately. But most landlords don't. Once a judgement is obtained the credit bureaus will pick that up.

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- What Scott said - (out of greenies)