Letter to Mr. Landlord 11-29-2024 TENANT'S DEMANDS

State Specific Question About: FLORIDA (FL)

NOTE: I posted this message on 11-28 or possibly 11-29 (it was around midnight). I've searched endlessly and scrolled through the messages but I can't find it - so I'll try again.

Sorry for the exceptional length of the post, but all details herein are believed to be vital to understanding the situation.

We received a letter from my Tenant's lawyer "DEMANDING" we remove the mold that has rendered the home "untenantable" and they have been forced to live in a hotel. Although the Lease requires notification "ASAP" in a situation that if allowed to continue would/could cause property damage, no previous warnings were issued over the 30-day period from the alleged onset of the mold to the alleged "untenantable" status. This time period certainly exceeds the required ASAP notification, which assigns the cost of any repairs to the Tenants.

Section 12 Maintenance within the Lease states: Tenant shall notify the Landlord in writing of any maintenance or repair requests. The Landlord's response in writing will confirm receipt of the request and thus maintain a record for both parties.

Section 13 Damages within the Lease states: Tenant will pay the costs for repair of any damage to the premises beyond normal wear and tear.

[underlined text] Any damage MUST be reported ASAP to the Landlord.[end underline] The cost of any damage caused by the failure of the Tenant to report this damage ASAP will be paid by the Tenant. [Two cell numbers and an email address are stated here]

Additionally, they stated that they were withholding the Rent until the mold was removed, and "probably required the HVAC unit to be repaired." We replied that we would investigate promptly, and requested the specific location(s) of the mold. No reply was received from Tenant or lawyer.

I have a severe mold allergy, and would have reacted immediately upon entering the premises. The air smelled fine, the thermostat registered 75-deg, there was no detectable humidity and despite a thorough inspection no indications of mold were found.

A portable AC/Dehumidifier was installed and vented through the window. All ceiling fans were off. Four portable fans were plugged in but turned off. The blinds were all open. No request for installation of the AC unit was sent - a further violation of the Lease... These are exactly the opposite actions of someone trying to remove mold!

The Tenant had recently reported that the HVAC was not working. Troubleshooting with the tenant revealed that the interior of the Air Handler had iced up heavily. The tenant admitted that he had been running the system with the thermostat set at the lowest possible setting, approximately 60-degs. I told him in no uncertain terms that he will never again set the thermostat below 70-degrees, or he would incur damage to the unit, and he would be responsible for ALL repair costs. Although the the step-down transformer was functioning, it showed signs of serious overheating. I informed the Tenant that if it failed soon, as expected, he would be responsible for the cost of replacement due to his regular operation of the HVCA at a 60-degree setting until the unit shut down on it's own. He insisted that the transformer must be replaced. I told him I would order one, and reminded him I would NOT install it until he agreed in writing to pay for it. He has never agreed verbally or in writing.

Upon entering the premises to inspect for mold, we found the HVAC CB's ON, and one of them was blocked to prevent tripping. This is a dangerous fire hazard. The thermostat was again set to 60-deg, the mode selector was set to COOL, and the FAN set to ON, but the unit was not running. Upon interior inspection we found that the canon plug to the fan had been unplugged, rendering the Fan inoperative, and the step-down transformer had been removed. Prior to this action, when the HVAC was run at the normal setting of 75-degrees, it performed properly, and only when operated at 60-degrees did it shut itself down. When the thermostat was returned to 75-degrees it always restated and ran normally.

The initial letter from the Tenant's lawyer received November 17, states the following: "... the Tenants had to spend the night in a hotel due to the temperature in the residence, [emphasis is mine] AND PULLED THE PART [the transformer] TO ORDER ITS REPLACEMENT. The part was never replaced. Despite requests to return this item because it is our property not theirs, no response has been received.

From THEIR statement above: from November 20th until November 17 when they reported the alleged mold issue 'caused by the inoperative HVAC'; the system had been tampered with and thus disabled by their own stated actions. This amounts to a self-inflicted wound that they expect us to pay for.

Finally, they cite Section 83.201 of the Florida Code and "DEMAND" that "repairs be made within 20 days. The [Tenant] will withhold rent ... until repairs have been made." This section clearly states the Landlord is only responsible IF the Lease doesn't assign responsibility to the Tenant - which it does, as stated above in Section 13 of the Lease.

QUESTION: If they actually do withhold the rent, am I within my rights to evict them due to the fact that there is/was no mold, and that they themselves disabled the HVAC for the period the house became untenantable?

QUESTION: Short of eviction proceedings, any suggestions of a lesser action would be greatly appreciated.

Tom

Orlando, FL

Not sure about Florida's rules but here they can't hold rent. That would be a violation.

You have already stacked up a lot of violations. At the very least I would non-renew. But if possible I would file for eviction after the proper notice and all that.

The fact that they got a lawyer (maybe a friend?) to send the letter seems odd at best. No contact with you makes me wonder if they want out of the lease for some reason.

Oi weh, what a mess!

2 thoughts here.

1) Get a lawyer and fight fire with fire. Could be expensive.

2) Don't sweat it. States have laws that says if and when rent can be withheld. In my state, your tenant and their lawyer would have failed to follow the correct procedure, and I would begin eviction immediately.

Once tenants lawyer up, I'm done with them. I want them out ASAP. If they're unwise enough to try rent withholding shenanigans, they've given me cause to boot them.

Do you know what your state law says is the correct procedure for a tenant to follow if there are repairs, as it pertains to withholding rent? If not, you've got a homework assignment.

P.S. DO NOT communicate with the tenant's lawyer. Ever. For ANY reason. You said above "We replied that we would investigate promptly, and requested the specific location(s) of the mold. No reply was received from Tenant or lawyer."

Bad idea. Now the lawyer has a document in possession where you admitted there was mold, or at least the possibility of mold. That WILL come out in court if this goes to trial.

I'm only telling you what an attorney who represents you would say: "Shaddup!" Only difference is I'm not billing you $300 an hour for that expert advice. *wink

Funny how they all continue to live where

they use the terrifying word, mold.

I'm sorry you are in this tough spot. Did you take photos of the ENTIRE house, showing no mold and everything else? If not, get back there & do that, date-stamped.

I would print my state's landlord-tenant law, read it thoroughly, underlining/high-lighting the parts that address these issues. This is for efficiency & so I don't forget anything when I go consult with a very experienced real-estate attorney. That's just a couple hundred dollars to confirm what you already suspect - that they have not followed the law.

Then, If that's confirmed, you can proceed as described by others.

Simultaneously offer to let them leave and begin eviction - I assume that December rent is unpaid.

If you want to avoid eviction, offering some "moving money" MAY get them out sooner, but I doubt it. They went to (maybe a real) lawyer, so they have the idea of suing you and getting LOTS of money from their rich, greedy landlord.

Dealt with a property mold issue this year this year. Some mold is not visible, which is what we were dealing with. The only way we knew was due to tenant hiring a mold testing company on their dime; the findings were documented in a 24-page report.

When tenant said she may have to move, I told her, I'd let her out of her lease. That said, I repeatedly gave the tenant the happy clause, in writing. Some say my mistake was not giving a departure date, but she did finally move.

Your documentation is clear, noting lease violations. Continue that path. Rather than evict, I use the happy clause to lead PITAS to decide to move. I never want my actions to be construed as a retaliatory eviction. That was the first thing an attorney said to me with the situation.

Thanks to all for the many helpful responses!

It appears that Eviction will be necessary...

The procedure as I understand it is:

Post the Eviction Notice on their front door and attempt to get a signature acknowledging receipt by Tenant.

Wait 3 days for non-payment of Rent, or 7 days if Eviction is for any other reason(s), and then file Eviction Papers at the Courthouse.

Someday in the future, a hearing before a judge will be scheduled and he/she will make a Ruling.

My research indicates that WHEN a Tenant has been Evicted, then the Lease is broken and they no longer owe Rent from that date forward.

QUESTIONS:

If they signed the Eviction Notice on 12-17-2024, the Court paperwork was filed on 12-22-2024, and the Judge Ruled in favor of eviction on 02-01-2025; on what date do they no longer owe Rent? I'm hoping that the Lease would still be intact, and the Rent would continue to accrue until the Judge ruled in favor of the Eviction...

Any thoughts are greatly appreciated.

Tom

For me they owe rent until they are gone.

No one was able to actually answer my question, but I DO appreciate the comments.

NEW QUESTION:

We have begun the Eviction process, and my Tenants are now denying access for known repair issues. My Lease states that with proper notice, a Tenant cannot unreasonably deny access to the Landlord. I usually allow 3 days notice, but I believe

Florida requires 12 hours notice for non-emergency access.

My thinking is that if proper notice is given, I don't need consent. I'm planning to give notice and if they deny entry, I'll just go in anyway. Can anyone tell me if is illegal?

Thanks,

Sounds like you are looking for a fight.

You filed eviction on them and they are upset about it.

Unless the repair is for an emergency situation I would let it ride. No need to be in that environment.

What type of repair is it? Water spraying all over the place, electrical circuit smoking?

If it is not a life threatening situation I would collect data proving they will not allow access. When you go in front of the judge show him and ask how you can proceed.