[chontez]

Hi,

I live in Florida I signed a lease September 29,2014. The tile on the bathroom floor have not been completed yet, the pipe that is in the back of the toilet is bulging out the wall. And the toilet makes noise and flushes by itself all day. The bathroom sink cabinet has no bottom to it. The whole apt is rusted out and plenty of mold especially in the bathroom. The kitchen sink smells like a sewer and the dish disposer does not work, and the kitchen smells like urine( I tried cleaning it multiple times. The place is not insulated every night I have to make a igloo blankets and towels etc over the doors so we can stay warm(which make my light bill go up). You can see the outside through the doors. The kitchen door doesn't close half of the time you have to work at it for like 20 min. When first moved in dead roaches was in the cabinet and alive ones coming out the sink and rent is suppose to include pest control monthly(I haven't saw one yet). And worst of all my 2 year old lives here and a newborn in two months.

[talaniman]

Why did you even move in? Do you have a lease agreement for any repairs, in writing? Have you been in contact with the landlord? Can you document it? Take pictures and leave. That's what I would do.

[ScottGem]

I echo the question of why you moved in. But before you can withhold rent, you need to contact your local health department and see if they can push the landlord to make the repairs. You also need to document your attempts to get the landlord to make the repairs. From: Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

Before rent is withheld, the tenant must give the landlord seven days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should save the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

Also See: Florida Tenant Rights to Withhold Rent | Nolo.com

Once you have complied with this. You can either sned the landlord notice that you are having the repairs done and withholding rent to pay for them. Or just put the rent into an escrow account.

[joypulv]

Take pictures, especially of mold and roaches. If your two year old has any sort of bite, take a picture. Regardless of what from.
Then move out.
Yes, I know the law is on the landlord's side. Sometimes you fight fire with fire.
Single mother, 2 kids, no Section 8? They have to comply with Section 8 rules. Or alimony?
Document everything and just go.

[Fr_Chuck]

Also, you can get the city code inspector, to inspect the property, and cite the landlord. The information given about photos and notice to landlord is good.

But, I have to ask, when you inspected apartment, prior to moving in, why did you rent it to start with?
When you arrived, why did you actually move in, what did landlord say, the day of moving in, about repairs

[ballengerb1]

Have you ever called the pest company to see if they come regularly or just when you call? I agree with most everyone who wonders why you ever sugned that lease with the unit in such condition>

[chontez]

I viewed a showing never saw the actual one I was going move in, yes I just turned in the check in sheet about 4 weeks ago since it was taking long for the repairs, I noted everything on there. I am a single mother not on section 8 or any housing assistant. And I took pictures of everything. Every since I moved in the office manager say maintenance is going to fix it and they never do, maintenance only come and look at the tile and leave and say we will have someone else do it. Do I possibly have a case or even a leg to stand on in eviction court? I am going to contact legal aid tomorrow and go to the court house. I am currently finding another place to stay in the process.

[ballengerb1]

Although it is not legal you could stop paying rent, it would take months to evict you so they might be more willing to make you happy and not miss out on a few months rent. Depends a great deal on if you are dealing with honest and fair managers