Apartment Water Damage

We did get a car in there once during a potential hail storm....i have photo evidence somewhere
 
I feel like the most reasonable thing I can do is that when/if I talk to the regional property manager, I will explain the situation and ask to be let out of my lease, and also for enough time to secure a new apartment and the necessary moving services. If granted, I will also ask them to cover moving expenses to the apartment I have my eye on, which is about 3 miles down the street.

Problem is, the other apartment is owned by the same company. Also is very nice and new, with a different actual owner. The local property management will all be different, but I am still skeptical. It is truly my best option though because it is very nice and not cheap, just not overpriced, as long as it is not going to be risky or a hassle dealing with the same management company. I want to stay in the area and this apartment is one of the two nicest in the area, but the other one does not satisfy me (terrible parking).


If she says no to being let out my lease, I will then deliver my letter of intent to withhold rent if the problem is not remedied within 7 days. Then I will contact FL Dept. of Health (despite there being no FL law on regulation of mold, they may find the situation uninhabitable) and Building Code Enforcement. If they do not let me out, that is when I will bring the state into the matter.
 
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They are stringing you along. You have been patient and have enough justification to want to leave. I would give notice and move to another place. Send them the letter of your intentions to leave. If you are really concerned with the hassels of moving, then request another unit in the complex that is aviailale and dry. I doubt they will pick up your moving expenses but worth a try.

83.56 Termination of rental agreement.--

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement."

83.63 Casualty damage.--If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant's liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].
 
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Biohazard said:
If you are really concerned with the hassels of moving, then request another unit in the complex that is aviailale and dry.

83.56 Termination of rental agreement.--

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement."

83.63 Casualty damage.--If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant's liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].
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Well, moving to another unit is just as much of a hassle. The reason I didn't move is that I didn't want to pack up my apartment again and the hassle of packing/moving/unpacking for HOURS to DAYS. Moving to another unit as a solution would be unacceptable, given that I could have just left like I really wanted to.


Regarding that law, I have to give them 7 days after delivering the letter that actually states my intent, before I can declare that I am leaving. I showed them the damage and have email records but I didn't state my intent to leave. I have to wait 7 days after stating intent before I can actually follow through.

If that happens, how long do I get to arrange new Apt. and movers, etc.? Until the end of the current month I have paid for? Or do they force me out the moment I declare I can legally break the lease? I do have work and have to arrange new apt. so I would need a week or two.


I hope the fact my renewal lease just started (May 29th) will help my case with the regional manager.
 
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I received a call from the regional manager today saying that we are being given the option to break the lease. I intend to do so and will sign papers later, possibly today or tomorrow. She said that she would call the other property I wish to move to and have all fees waived, except if there is any deposit required (I don't expect there to be, I have good credit and more than adequate income).

Yesterday I went to the other property to get information because I had a feeling that moving out was going to have to happen, and they do not have a 1 bedroom available until August. However, they have a 2 bedroom available now and it is only $11 more a month than my current $919 1 bedroom apartment. The difference being that my current one has a $90 garage and at the new place the garage is not included at that $930 price. However, they are said to have way more parking available, which seems to be true based on the few times I have visited their complex. I might still get a garage though (+$90), because I work on my car (although that is going to stop soon since I'm almost done modding) and I don't like to park it out in the sun.

I plan to stop there after work and take a tour.

I will have to pay for my own movers, but that is acceptable given that I wanted to move before and the fees are largely what that stopped me from moving. I just paid a pet fee $300 in December when I got my cat so it would have sucked to pay another $300 fee.
 
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webby said:
Have you ever had them try to fix/resolve other issues in the last year? Did they fix those things in a timely fashion? Working with contractors can be a mess in itself, so part of the issue can be just getting a person to look at the issue. I've had countless contractors flake on me, yet they assure you they'll be there at a set day/time. No call/no show. Anyway, that doesn't solve your leak. Your profile says you're in florida - florida state law:

THE LANDLORD'S RESPONSIBILITIES


* Florida Statutes, Section 83.51, require a landlord to comply with the local
Property Maintenance Code. This means:

1. The roof must not leak.
2. The walls must be weather-tight, and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be basically weather-tight, water-tight, rodent-proof,
and kept in sound working condition. Outside doors have to have proper
locks.
5. Window panes cannot have cracks and holes. Outside windows must have
screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound
condition and good repair, and should be safe.
7. The house or apartment must have hot water, which is connected to the
kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flush toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must
be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage
containers.
11. Every habitable room must have at least two separate floor or wall electric
outlets and, additionally, every kitchen, bedroom, bathroom and hallway
must have a ceiling or wall-type fixture, or an outlet controlled by a wall
switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.


IF THE LANDLORD DOES NOT COMPLY

* If your landlord has failed to comply with the previous listed code responsibilities,
and has ignored your request to undo their unlawful action, you can contact The
Code Enforcement Branch of city or county in which you reside and
request that they contact your landlord and explain that their action is illegal and
violates your local code.

* If your landlord fails to do what the law or lease requires, you may be able to
withhold the rent. You must give notice of your intention by certified mail at
least seven days before the rent is due to allow time for the landlord to remedy
the problem. If the problem is not corrected within seven days and you withhold
the rent the landlord may take you to court to collect it. You must them pay the
rent into the court registry pending the judges determination of the case.
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mister webby even knows about things he's not supposed to know about! whatta boss! :D
 
Pretty bummed that FiOS is unavailable at the new place. But I guess it's not really a big deal. Verizon FiOS waived my early termination fee given my circumstances and that I really want to stick with them but it's not possible.

I'm taking a tour after work, and I'm happy with the floor plan and what i've been told so far. Top floor with vaulted ceilings, lake/nature view, bigger master bedroom closet, dual bathroom sinks, 2nd bedroom/den. Not looking forward to moving my stuff but oh well I guess.
 
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MrsJrotax101 said:
At least you have somewhere to go now? We have to be out of our townhouse by the 30th and don't know where we're going yet. :|
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Ah, that sucks.

Well the moving part's not really the hassle. Well, except for trying to get movers to show up Saturday with just 3 days notice... The hassle is cancelling Verizon FiOS, setting up new internet/TV, transferring electric service (and paying fees), paying rent on a new apartment when I just paid my rent on my current one and won't get a pro-rated refund for June until a little while after I move out.

Anyway. Yeah i'm just glad to see the light at the end of the tunnel.
 
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Yeah, that's no fun. It's a really cruddy situation they put you in.

Right now it's been next to impossible for us to find a place because as soon as we find it, it's gone! :\ Seller's market!
 
MrsJrotax101 said:
Yeah, that's no fun. It's a really cruddy situation they put you in.

Right now it's been next to impossible for us to find a place because as soon as we find it, it's gone! :\ Seller's market!
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They won't let you do month-to-month if you're not ready to move out? Or do you own the townhouse and sold it?
 
trustdestruction said:
They won't let you do month-to-month if you're not ready to move out? Or do you own the townhouse and sold it?
Click to expand...


We're renting and gave notice to leave 2 months ago. They're supposed to be showing it to people but the leasing agency can't get a hold of the owner. We already extended it 2 months past the original contract. We can't extend it anymore because they don't want to try and rent during that time. It's more difficult to find a tenant I guess. Now that they can't get a hold of the owner...nothing is going to be happening LOL
 
Applied yesterday, happy with the new place, and hopefully moving June 22nd/next Saturday. I just have to wait for them to finalize the application stuff and i'll schedule electric service transfer, movers, and cable/internet installation.

Oh and the 2nd bedroom is actually a den connected to the living room with double french doors. One wall has a fireplace with a tv unit above it (it's square, i'll have to figure out something to put there...) and 2 closets that I desperately need for storage. I can use the den for playing guitar and finally get my music memorabilia out of the rest of the house. I have a collection of some autographed stuff and with it all over my apartment I look like a 16 year old kid. lol
 
Nice man, sounds like everything is working out. A bit of a hassle moving your stuff down the street but it seems like it's going to be an overall better place.
 
I'm excited. My dad is going to bring his trailer over so we can load it up with boxes and small stuff. I am going to save money by just having the movers do furniture.
 
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