Monthly Archives: February 2016


Tenants Successfully Defend Eviction Due to Mold

Mold lawyer Matthew Militzok successfully defended an eviction action brought by the landlord of a home against the tenants.  Prior to the landlord filing the eviction, the tenants had put the landlord on written notice that the property did not meet minimum housing standards due to the on-going and substantial roof leaks and the rampant growth of toxic black mold in the property.  When the tenants withheld rent after the landlord refused to fix the issues with the home, the landlord posted a 3-day notice to pay rent or vacate.  When the tenants refused to do either, the landlord decided to sue the tenants for eviction.  After depositing the disputed rent money into the court registry, as required by Florida Statutes [...]

2018-12-02T09:20:13-05:00February 2016|Tenant Rights|0 Comments

Can a Tenant Break a Lease Because of Mold?

We frequently receive calls from tenants asking, "how can I break my lease because of mold"?  A tenant residing in Florida has certain legal rights when the landlord fails to maintain the premises.  Due to the warm and humid climate in South Florida, it is common for tenants to have roof leaks, air conditioning leaks and pipe bursts all of which introduces water into the property.  Once water breaches the inside of the property and it is not immediately dried out and left untreated, it can result in the growth of toxic black mold.  Mold can typically be visible as discoloration on the walls and ceilings inside the premises.  Tenants often tell us that they verbally inform the landlord [...]

2020-01-27T10:04:50-05:00February 2016|Tenant Rights, Top|0 Comments

Can a Tenant Withhold Rent for Toxic Black Mold in Florida?

Our office receives numerous requests from tenants regarding how they can legally withhold rent due to the presence of toxic black mold in the property that they are renting.  Due to the climate in South Florida, many residential tenants experience a high occurrence of water leaks which, if left untreated, can result in the growth of black toxic mold.  We usually get complaints from tenants who have verbally informed their landlords about water leaks and mold, but usually landlords do not take these complaints seriously or do not want to spend the necessary money to have the problem fixed properly and legally. Withholding Rent Under Florida's Landlord-Tenant Act The Florida landlord-tenant act requires landlords to maintain minimum housing standards when renting property [...]

2020-01-19T22:19:37-05:00February 2016|Tenant Rights|0 Comments