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Sue Your Landlord?

In Florida, it’s free to sue your landlord*…. As long as you have a good case.

The Florida Residential Landlord-Tenant Act, which is found at chapter 83, Florida Statutes, Part II, allows a successful tenant to recover his or her reasonable attorneys’ fees in a lawsuit brought against a landlord. See § 83.48, Fla. Stat.  (“In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.”).

As a practical matter, if you have a good case, a lawyer will most likely represent you on a contingency basis (or for no money down, except filing and process server fees, approximately $500, which you can recover if you win the case).

What is considered to be a good case against a landlord in Florida?

Any violation of the applicable building, housing, or health codes is a good case.

Moreover, if you live in an apartment or condominium, your landlord must provide the following (unless you agree in writing otherwise):

Safe and clean common areas Hot Water Keys and Locks Heat (in winter) Garbage removal Extermination of mice, rats, ants, roaches, termites, and bedbugs. See § 83.51, Fla. Stat. (2016).

If extermination by tenting is requiring, then the landlord cannot charge you rent during that period.

If you have been hurt or lost money due to your landlord’s failure to provide a clean, safe, and habitable home, you should contact

The Simring Law Group to find out more about your rights.

 

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