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 to tenants.  Florida Statute section 83.51 requires that landlords must “maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition.”  This includes ensuring that the property is free of water intrusions and free of toxic black mold.

However, landlords are not responsible for the landlord’s failure to make structural and plumbing repairs unless the tenant legally puts the landlord on notice of the tenants demand for repairs.   The legal and correct method of putting your landlord on notice is stated in Florida Statutes section 83.60(1)(b) which states that a tenant can withhold rent for failure to maintain the property after “7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent…”   This means that if you give the landlord a written notice clearly detailing what needs to be fixed in the property, and the landlord fails to at least beginning addressing the issue within seven days, then the tenant may withhold rent or terminate the lease and move to another property.  Remember, a written notice is extremely important and it must be delivered according the instructions contained in your lease.  E-mailing the landlord the notice when the lease requires that it be sent by certified mail is not considered to be a sufficient notice.  Texting the landlord about the repair issues when the lease requires the tenant to send the letter by regular mail will not protect the tenant.  Militzok & Associates assists our tenant clients in preparing and properly sending the written notice to the landlord so that the tenant fully protects their legal rights.

Free Consultation

Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney.  The Mold Lawyers at Militzok & Associates offer a FREE consultation to discuss the unique facts of your mold claim with our experienced attorneys.  For more information, call us at (954) 241-2260, send an e-mail to info@themold.lawyer.

Militzok & Associates are toxic black mold attorneys who are proud to represent individuals and families throughout the State of Florida who are suffering injuries from mold exposure, musty smells and other types of indoor air quality issues.  We represent clients in the following cities of Fort Lauderdale, Pompano Beach, Coral Springs, Davie, Plantation, Weston, Miramar, Sunrise, Coconut Creek, Dania Beach, Lauderhill, Margate, Parkland, Deerfield Beach, Oakland Park, Hallandale, Pembroke Park, Pembroke Pines, Hollywood, Cooper City, Tamarac, Wilton Manors, Lauderdale Lakes, North Lauderdale, Lighthouse Point, Southwest Ranches, Hillsboro Beach, West Park and Pembroke Park.

We also represent clients in Miami-Dade county in the following cities: Miami, Miami Beach, Hialeah, Homestead, Coral Gables, Doral, North Miami, Aventura, North Miami Beach, Aventura, North Miami Beach, South Miami, Miami Gardens, Key Biscayne, Sunny Isles Beach, Pinecrest, Miami Lakes, Opa Locka, Cutler Bay, Sweetwater, Palmetto Bay, Miami Springs, Miami Shores, Florida City, Surfside, Bay Harbor Islands, North Bay Village.

In Palm Beach County, we represent clients from South Bay, Golf, Manalapan, Briny Breezes, Greenacres, Magonia Park, Hypoluxo, Highland Beach, Lark Clarke Shores, Belle Glade, Pahokee, Glen Ridge, Tequesta, Atlantis, Loxahatchee Groves, Palm Beach Shores, Haverhill, Gulf Stream, South Palm Beach, Cloud Lake, Juno Beach, Palm Springs, North Palm Beach, Wellington, Lake Park, Lantana, Palm Beach Gardens, Jupiter, Riviera Beach, Boynton Beach, Jupiter Inlet, Ocean Ridge, Palm Beach, Royal Palm Beach, Boca Raton, West Palm Beach, Lake Worth, and Delray Beach.

We are now accepting cases throughout the State of Florida in cities such as Tampa / St. Petersburg, Clearwater, Orlando, and Naples / Ft. Myers areas.