Matthew J. Militzok, Esq.


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Does a Tenant Have to Pay the Lease Early Termination Fee if the Apartment or Home has Mold?

Are you a Florida tenant being unjustly charged for an early lease termination due to mold or water damage? Discover how to legally avoid these penalties, ensuring your rights are protected. Dive into the intricacies of Florida's landlord-tenant laws and find out how to serve valid notices, ensuring landlords are held accountable for their responsibilities.

2023-10-07T10:11:02-05:00October 2020|Tenant Rights|0 Comments

Is Your Condominium Association Responsible for Damage from a Sewage Backup?

Sewage backups in condominium drain lines can be a potentially dangerous problem to resolve. Many condominium associations do not hire the necessary licensed, insured and trained personnel to remediate when it occurs.

2023-10-07T09:58:32-05:00December 2019|Condo Rights and Obligations|0 Comments

Can a Condo Association Only Pass a Special Assessment for Damage Against Some, but not All Units in the Condominium?

Recently, we began receiving phone calls from potential clients inquiring whether a condo association is permitted to levy special assessments against some, but not all, of the unit owners in the condominium after the condominium incurred some type of casualty loss such as water or mold damage, hurricane damage, and even fire damage.  While the analysis can sometimes be complicated, the simple answer is association cannot levy special assessments against selected unit owners unless a special unit owner intentionally, or was negligent in causing the damage.  In addition, without evidence of intent or negligence, the association should not be levying a special assessment in situations where the association incurred damage in portions of the condominium that they are required [...]

2020-02-16T15:37:30-05:00February 2019|Condo Rights and Obligations|0 Comments

The Mold Lawyers win Injunction Against Condo Association

On November 29, 2018, the Mold Lawyers from Militzok & Associates won the entry of a temporary injunction against the Jamaica House Condominium Association in the 17th Judicial Circuit of Broward County, Florida after the Association repeatedly refused to perform destructive testing at the request of our client, the unit owner.  The unit owner alleged that water was intruding from the outer perimeter of his condominium unit and had requested the association investigate the source of the water.  After the Association refused to open up the necessary areas of drywall and ceiling which are considered to be part of the common elements belonging to the Condo Association, the unit owner was forced to bring suit and move for a temporary [...]

Is Your Air Conditioning System Causing Mold in your Florida Home?

We often receive phone calls from potential clients inquiring whether the air conditioning system in their home could be the cause of mold exposure related health symptoms.  Mold typically develops in air conditioning systems when the system is not regularly maintained, including the regular changing of the air filters and cleaning of the evaporator  coils.  Mold will also develop if the air conditioning equipment is not properly dehumidifying the air.  Some signs that your air conditioning system may be circulating mold in your home is if you smell a strong mold/musty type odor when you run the air conditioning, if the home feels unusually humid, if your monthly electric bill is higher than normal, if you see dark circular [...]

2020-01-19T22:15:28-05:00June 2018|Moldy Buildings, Tenant Rights|0 Comments

Bed Bug Infestation Lawsuit Against Landlord Results in a $ 94,000 Legal Settlement

When a multi-dwelling apartment landlord ignored a bed bug infestation, resulting in serious injuries to a tenant, the Mold Lawyers stepped in. Discover how we fought for our client's rights against neglect, achieving a significant settlement despite initial pushback. If you're facing similar indoor environmental issues in Florida, our experienced attorneys at Militzok & Associates are here to help.

2023-10-07T10:08:15-05:00May 2018|Case Results|0 Comments

Mold Exposure Case Against Waypoint Homes Featured on ABC World News Tonight

One of our toxic mold exposure cases was recently featured on the national television news program, "ABC World News Tonight with David Muir".  The same story also aired on the ABC News magazine, "Nightline".  The case was filed on behalf of our clients Bruce Nicholson, Lisa Daspit and their two year old daughter Brielle against Waypoint Homes.  Waypoint Homes and Invitation Homes are nationwide corporate landlords and are reported to have a combined 9,403 rental homes in South Florida and another 8,829 homes in the Tampa area.  The lawsuit alleges that Waypoint Homes' failure to address the maintenance requests of our clients resulted in the collapse of the ceiling in their living room and the un-mitigated water intrusion resulted in [...]

2019-02-01T15:04:53-05:00November 2017|Tenant Rights|0 Comments

Hidden Mold Problems in Home Purchases and Sales

In South Florida, it is common that homes will, at one point or another, suffer water damage which frequently originates from roof leaks, pipe leaks, air conditioning leaks, and cracked exterior stucco and foundations. Those leaks, combined with our humid weather makes for the perfect environment for mold to grow and spread. When buying or selling a home, the real estate contract typically allows the buyer the opportunity to inspect the home during a period of time called the "Inspection Period" or "Due Diligence Period". During this time, the Buyer has the right to conduct inspections using licensed home inspectors and/or mold inspectors to ensure that the buyer is satisfied with the home. Must Sellers Disclose All Known Mold [...]

2020-01-19T22:16:40-05:00September 2017|Homes|0 Comments

Broward County School Classrooms Plagued by Mold Problems

Mold in the classroom is making teachers and students sick, according to an article that appeared in the August 21, 2017 edition of the South Florida Sun-Sentinel, the presence of toxic mold in Broward County public school classrooms continues to be a problem for many teachers and students. The article claims that mold was found growing on the surfaces of student desks at Northeast High School in Oakland Park. According to one anonymous teacher's written complaint from Northeast High School, "Students are always ill, need to leave class to blow their nose, absent because of chronic sinus infections, constant coughing and congestion, watery eyes and nose, red eye from irritation, nausea, and so on. According to the article, one [...]

2020-01-19T22:17:15-05:00September 2017|Moldy Buildings|0 Comments

What Laws Protect Florida Residents from Mold?

Explore Florida's mold protection laws and understand the critical differences compared to states like California and Texas. Dive into tenant protection regulations and mold assessment requirements, and discover the steps tenants and condo owners should take when faced with mold issues.