Matthew J. Militzok, Esq.


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Validity of Mold Prevention Addendums to Residential Leases in Florida

Mold contamination in rental properties can lead to serious health issues and significant property damage for their occupants, making it essential for tenants to understand their legal rights and responsibilities. In Florida, the recent case of Johnston-Gebre v. Invitation Homes has brought attention to the enforceability of the "Mold Information and Prevention Addendum" often included and attached to residential leases from large corporate landlords such as Invitation Homes. This article explores the implications of this case and clarifies the legal responsibilities of landlords regarding mold in rental properties.  Many of our clients complain that landlords and their management agents refuse to remediate mold complains due to the existence and attachment of the Mold Information and Prevention Addendum to the [...]

2024-05-15T13:57:15-05:00May 2024|Tenant Rights|0 Comments

The Mold Lawyers Secure Summary Judgment Against Futura Condominium Association

In a groundbreaking legal triumph, The Mold Lawyers have delivered justice for homeowners against the negligence of condominium associations. We have successfully obtained a summary judgment against Futura Condominium Association, holding them accountable for water damage in a resident's apartment. This victory underscores a critical message: condo associations must uphold their duty to maintain the building's exterior, ensuring it remains watertight and safe for all residents. This case revolved around the association's failure to prevent rainwater intrusion, resulting in significant mold growth and property damage. Despite attempts to blame the incident on another unit owner's hurricane shutters, our legal expertise and thorough investigation proved otherwise. The court's decision reaffirms the association's responsibility, setting a precedent for similar cases and reminding condo associations of their crucial role in building maintenance and resident safety. At The Mold Lawyers, we are dedicated to fighting for those affected by such negligence, offering expert legal guidance in condominium law. This victory is not just for our client but for every resident who has faced similar challenges. It's a step towards a safer, more accountable living environment in condominium communities.

Florida Condo Fire Damage: Understanding Association Restoration Obligations

Understand the obligations of Florida's Condominium Associations after a fire. Dive deep into Section 718.111 of the Florida Statutes, exploring the Association's responsibilities and exceptions. Learn what happens when the fire originates in your unit and the steps to take if the Association doesn't comply. Stay informed and safeguard your condo rights.

2023-10-07T09:49:15-05:00October 2023|Condo Rights and Obligations|0 Comments

A Landmark Victory: The Mold Lawyers Secure $425,000 Judgment Against Carillon Condominium Association

The Mold Lawyers have secured a significant win on behalf of a client suffering from water intrusion and mold growth due to the negligence of Carillon Condominium Association. Despite years of clear evidence, the Association refused to address a leaking roof, leading to a final judgment of $425,000 against them. Our expert-backed case sets a critical precedent and sends a strong message: Negligence in property maintenance will not be tolerated. Learn more about this pivotal case and what it means for homeowners and associations alike.

2023-10-07T09:53:30-05:00September 2023|Case Results|0 Comments

Flooded Apartments at Arden Villas near UCF from Hurricane Ian

Hurricane Ian caused historic flooding at the Arden Villas Apartment complex near UCF. The Arden Villas apartment complex which is primarily occupied by students who attend University of Central Florida suffered historic flooded as a result of the storm.  The water levels were so high that cars were flooded out and water began breaching the doors, windows and foundations of the first floor apartments.  Residents were forced to evacuate, many requiring the assistance of the National Guard.  There have been newspaper reports that the management office for Arden Villas has not been immediately responsive to the concerns of the residents.

2022-10-01T14:28:40-05:00October 2022|Tenant Rights|0 Comments

Broward Jury Enters Verdict Against Countryside Condominium

On April 11, 2022, The Mold Lawyers obtained a jury verdict in Broward County, which determined that the Countryside Condominium Association and its Management Company, Elite Management Associates located in Cooper City, was liable for the damages caused to our client for the failure to maintain a watertight roof over the G Building in the complex for a period of almost 5 years.  The four day trial concluded with a finding that Countryside Condominium Association was liable on all counts, including Breach of Contract, Negligence and violations of the Florida Condominium Act (Chapter 718.113, Fla. Stat.).  The case was tried by Matthew Militzok and Adi Reinstein on behalf of the affected unit owner, Renee Maimone.

The Mold Lawyers Win $ 101,000 Jury Verdict in Palm-Aire Condominium Case

On September 17, 2021, a jury in Broward County Circuit Court returned a verdict in favor of our clients who were forced from their first floor condominium unit in Palm Aire, Building 27, in Pompano Beach in 2016 after experiencing significant water intrusion into their home which originated from a condo unit located on the third floor above theirs.  The jury award was in excess of $ 101,000 for personal property damage, loss of use and the inconvenience for being forced from their home. The flooding occurred as a result of a shady laborer hired by the company who bought the third floor unit with the intent to flip or rent it out for a profit.  While the work [...]

2021-10-13T09:15:51-05:00September 2021|Case Results, Condo Rights and Obligations|0 Comments

The Mold Lawyers Settle Two Condominium Claims for $ 300,000+

Clients of The Mold Lawyers have entered into two separate confidential settlements agreements with condominium associations located in Florida for $ 300,000 and $ 350,000 respectively.  In both cases, the condominium units were contaminated with toxic mold which made the units uninhabitable for the unit owner or any potential tenants.  The units were destroyed to the point that the Association agreed to settle the claims by paying out the value of the respective units as well as additional damages such as alternate living expenses, inconvenience, personal injury, pain and suffering, damage to personal property located within the units and more. Both cases involved protracted litigation and The Mold Lawyers successfully argued against substantial defenses raised by the Association including [...]

The Mold Lawyers Win Mandatory Injunction Against The Versailles Gardens II Condominium Association

On June 22, 2021, a Miami-Dade County Circuit Judge entered a mandatory injunction requiring the Versailles Gardens II Condominium Association located at 9420 W. Flagler Street, Miami, Florida to "remove, remediate and re-build" water and mold damaged common element walls and ceilings belonging to the Association which resulted from a pipe leak that occurred in June 2020.

The Mold Lawyers Obtains Damage Award Against Condominium Association Who Failed to Timely Address a Pipe Leak

On June 7, 2021, a Miami-Dade County Circuit Judge awarded a Mold Lawyers client a Final Judgment against the Versailles Gardens II Condominium located in Miami, Florida for failing to remediate water and mold damaged common elements after a pipe leaked almost a year prior making the Condominium Unit uninhabitable.  The Court awarded damages for the cost for our clients to rent a substitute apartment, lost income, compensation for mold contaminated furniture and electronics, mold inspection costs, and more.