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When Is The Condo Association Responsible for Water Damage and Mold?

In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. When unit owners bring water and mold damage issues to the attention of the condo association, many associations usually try to point the finger at someone else. Although each condominium has its own rules which are contained in the condominium's governing documents, the general rule is that the condominium is responsible for the common elements of the building. Most associations have a non-delegable duty to maintain the common elements of the association and cannot refuse to maintain and repair damaged common elements in the condo on the basis that it was the fault of a third-party such as [...]

2020-02-16T15:36:56-05:00April 2017|Condo Rights and Obligations, Top|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