What are a tenant’s rights if they have to vacate their apartment due to a flood?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a tenant’s rights if they have to vacate their apartment due to a flood?
My daughter’s apartment had a flood on Friday due to an ongoing plumbing issue. There is visible water damage on the ceiling and walls on the 1st floor. They have cut a hole in the ceiling to fix the leak but have not opened up any of the other areas that show water damage. They have setup fans and dehumidifiers down stairs and in the bathrooms upstairs. They did all of this on Friday, as of Sunday no additional work has been done and the smell is terrible. My daughter and her room mates have not stayed there since Thursday night. What options do they have.
Asked on September 10, 2012 under Real Estate Law, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
Your daughter's remedies depend on the circumstances of the problem and the landlord's efforts to fix it. Florida Statutes section 83.56 lists the remedies and you can find a copy by Googling this statute.
In general, the landlord is required to keep the plumbing in good working order and correct damage. If the landlord is trying to fix the problems but your daughter cannot stay in the apartment, technically she and her roommates are not responsible for rent during this time. If they can stay in the apartment, they are entitled to reduced rent. If the landlord is not fixing the problem, they can give a notice to vacate.
As a practical matter, your daughter can send a letter advising that the apartment is "untenantable," asking when the damage will be repaired, and asking what discount the tenants will receive from this. Maybe the landlord will give them a break.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.