Introduction
Dealing with pest control issues with your landlord in Florida can be quite complex. Unlike straightforward time frames, such as 5 or 10 days, the answer to this question depends on several factors. These include the type of rental property, the terms of your lease agreement, Florida's laws, and the solution you seek. Through this article, we will delve into these factors and provide valuable insights on (1) determining the rights of both you and your landlord regarding roaches and (2) estimating the expected time for your landlord to eliminate the roaches.
Understanding the Obligation of Pest Control under Florida Law
Fla. Stat. s. 83.51(2)(a) deals with the issue of pest control. That's easy enough. However, admittedly, this is one of the most confusing provisions under the Florida Landlord and Tenant Act. It starts with the premise that a landlord has the obligation to "exterminate roaches." However, it also provides that if the tenant rents a single-family home or duplex, the landlord and tenant can make an agreement otherwise.
Fla. Stat. s. 83.51Accordingly, to determine the landlord's responsibilities for roaches, one must analyze how Fla. Stat. s. 83.51(2)(a) intersects with the lease agreement and with the type of rental that the roaches are inhabiting.
The Statute Governing The Landlord's Obligation to Provide Adequate Pest Control: Fla. Stat. s. 83.51(2)(a)
Florida Statutes, specifically, Fla. Stat. s. 83.51(2)(a) determines which landlords are responsible for roach extermination. Only those landlords who have rented you a a single-family home or duplex and who have not got you to agree to provide for your own pest control, are responsible for evicting the roaches. However, if you have been properly delegated the obligation of pest control, as allowed by Fla. Stat. s. 83.51(2)(a), there is a good chance your landlord has no obligation to get rid of the roaches. (However, in some circumstances, we have been able to argue just that based on equitable principles, good faith, etc, and by utilizing non-obvious legal arguments). This is why it is imperative to understand your lease before you sign it and not to agree to undertake the obligation of keeping the landlord's rental property pest-free.
Lease Agreement and Tenant's Rights
When it comes to pest control as a tenant, your lease agreement is crucial. It may include clauses that assign the responsibility of pest extermination to you, or require you to report pest issues to your landlord in a specific manner. It's important to review your lease agreement carefully to understand your rights and your landlord's obligations. This way, you can avoid signing up for the obligation of exterminating pests for your landlord, and potentially being sued later for inadequate pest control. So, make sure to understand your lease before signing it.
Determine Who Has Superior Rights: You or the Roaches?
If you're renting a property in Florida, it's important to know your rights when it comes to dealing with pests. Whether your landlord is responsible for getting rid of roaches will depend on the type of property you're renting and the terms of your lease agreement. It's best to consult a knowledgeable attorney who can assess your circumstances and argue on your behalf. Assuming that your landlord is responsible for addressing roaches, our next article will explore timelines. If you need guidance on dealing with your landlord, don't hesitate to reach out to us. We provide options for tenants like you and invite you to complete our online form to learn more or contact us today.
Comments
Laurel Reply
Posted Oct 20, 2023 at 03:04:54
Good Morning, I signed a 1 year lease on a family home in Florida on the 18th and upon going to the home the next evening I find roaches everywhere. The lease states the tenant must exterminate the interior and exterior upon moving out but clearly that was not done so what is he only agreeing to One Treatment! I’d like to get out of this lease! Please help, just paid 4K yesterdays
Debi Rumph Reply
Posted Oct 20, 2023 at 10:40:51
Laurel:
We are sorry that this happened to you. In situations like this, I look for ways for my clients to immediately reject the rental premises—and not move anything into the home.
Robin Renna Reply
Posted Jun 20, 2024 at 20:41:41
I live in an apartment building that is infested with roaches no matter how many times they come and spray they come back. It also has black mold.
Debi Rumph Reply
Posted Jun 21, 2024 at 04:30:24
I absolutely understand your frustration. Dealing with a persistent roach infestation and the presence of black mold in your home is not only incredibly stressful but can also pose serious health risks. It’s disheartening when repeated attempts to address the issue haven’t brought relief.
You’re right, if the apartment community isn’t treating the infestation at its source and throughout the entire building, individual sprays in your unit won’t be effective in the long run. The roaches will simply keep returning from neighboring units.
It’s crucial that you promptly notify your landlord in writing about the suspected black mold as well. This is a serious health hazard and your landlord is legally obligated to address it. Make sure to keep a copy of this notification for your records.
Here’s what I would recommend:
Document Everything: Keep detailed records of every pest control visit, including dates, times, and the specific treatments used. Also document any communication you’ve had with management about both the roaches and the mold, including emails, letters, and conversations. This documentation will be crucial if you need to take further action.
Demand a Comprehensive Plan: Reach out to your landlord or property management company and firmly request a written, detailed plan for addressing the roach infestation and remediating the black mold throughout the entire building, not just your unit. This plan should include:
(1) A timeline for treatment and remediation.
(2) Specific measures that will be taken (e.g., extermination, remediation of mold, cleaning of common areas).
(3) Assurances that the treatment will be thorough and comprehensive.
Consider Legal Action: If your landlord fails to respond adequately or doesn’t follow through with a comprehensive plan, you may have legal options. Depending your lease agreement, as long as you follow Fla. Stat. s. 83.56(1) very carefully, you could potentially:
(1) Withhold rent.
(2) Sue for a partial rent refund for the breach of the implied warranty of habitability.
(3) Terminate your lease early due to the landlord’s failure to provide a habitable dwelling.
I strongly recommend that tenants living in moldy and infested conditions consider consulting with an attorney to discuss the possibility of legally terminating their lease. This can protect both your health and your belongings.
I hope this helps! It’s important to stand up for your right to a safe and healthy living environment.
Samantha Reply
Posted Sep 22, 2024 at 06:27:40
Is it worth it to contact a lawyer if I’ve only seen two roaches but think there’s an infestation somewhere in the building? I just moved into my new unit where I’ve seen a roach in the hallway and then a baby one in my bathroom yesterday. I read their google reviews to find someone had this problem 8 months ago. I’m assuming they knew and spray when someone complains but clearly haven’t taken care of the core issue.
Debi Rumph Reply
Posted Sep 23, 2024 at 03:27:22
It’s understandable to want to handle this situation on your own, especially in the early stages. You can start by documenting the issue with photos and videos, keeping a log of roach sightings, and sending a formal written notice to your landlord about the problem. This puts them on notice and creates a record of your efforts.
However, considering that you’re contemplating terminating your lease, consulting with a lawyer now can be especially beneficial. They can help you understand the specific legal requirements for breaking a lease due to habitability issues in Florida, ensure your written notice to the landlord is legally sound, and guide you through any potential negotiations or disputes that may arise.
While you can attempt to handle this yourself, having an attorney on your side can strengthen your position, particularly if you’re aiming to break your lease without facing penalties. They can help protect your rights and ensure you’re taking the most effective steps towards resolving the situation in your favor.
Remember, even a few roaches can indicate a serious problem. The sooner you address it, the better your chances of achieving a satisfactory resolution.
Crystal Moody Reply
Posted Oct 04, 2024 at 19:57:43
I moved into an apartment on August 28th of this year. I told the leasing office about roach sightings. My apartment was sprayed three times, and I’m still killing roaches a month later. I have also bought bait and tried to seal up cracks on my own. Nothing is working. I even left a message with the management company. I have an allergy to roaches. I have constantly had allergy symptoms since living here. Can you please help me?
Debi Rumph Reply
Posted Oct 07, 2024 at 07:02:22
Crystal, we can help you! Are you looking to move?
M. Valdez Reply
Posted Nov 05, 2024 at 04:55:06
Good morning Debi,
I moved into a home eight months ago, and our lease states that we are responsible for pest control. We have been spraying, but unfortunately, the roach situation is getting out of control. We are considering getting a pest control company. In this situation, what are our rights as renters and the owner’s responsibility? Also, we have reported damages that have not been fixed.
Debi Rumph Reply
Posted Nov 05, 2024 at 06:29:19
Good morning,
Thank you for reaching out. Your situation sounds challenging, especially if the roach issue is worsening despite your efforts. Your rights and the owner’s responsibilities can depend on both the terms in your lease and the type of property you’re renting. Even though your lease specifies that pest control is your responsibility, Florida law may allow lease termination if the conditions become unlivable or if the landlord fails to address reported damages that affect your health and safety.
Have you documented the damages and pest control efforts? And have you discussed these issues with the landlord directly? Taking these steps might help if you decide to pursue termination. If you need more information on Florida’s tenant rights or guidance on your options, feel free to reach out. We’re here to help, and you deserve a safe, comfortable place to live.
Stevina Hillman Reply
Posted Dec 13, 2024 at 04:44:48
I’m battling a year now roach problem @my apartment complex there in Panama City beach florida. My rent has been katr bc of illness new with my body to stay afloat but they still get there money. Now I’m 2 months behind and I’m still begging them to clear the ways with building if roaches with neighbors no one is doing anything. Pest control co was changed and I seen guy once and he stated I needed severe treatment bc chr infestation was huge. Here it is Christmas time and I have guest coming and still tackling roaches running across my bed now whe ikr I watch tv. Kitchen area a party. I think sockets too. Bathroom. I want to not renew my lease in March 2025 but there has to be something. And yes I have continual communication from Asst mgr and mgr in my emails back and forth . So my proof there
Debi Rumph Reply
Posted Dec 13, 2024 at 07:39:06
It sounds like you’re going through an incredibly frustrating situation! Dealing with a persistent roach infestation is bad enough, but having it drag on for a year with no real solution is completely unacceptable.
You’re right to be concerned about your living conditions, especially with guests coming for the holidays. And it’s understandable that you want to find a way out of your lease without facing further complications.
Here are a few thoughts based on what you’ve shared:
Landlord’s Responsibility: Even though you’re behind on rent, your landlord still has a legal obligation to provide habitable housing. This includes addressing pest infestations, especially one as severe as you’ve described.
Communication is Key: It’s good that you have a record of communication with the management. This documentation can be helpful in demonstrating that you’ve made repeated attempts to resolve the issue.
Consider Alternative Solutions: While you’re waiting for a more permanent solution, you might want to try some heavy-duty roach baits that target the entire nest. This could provide some temporary relief and make your living space more tolerable for your guests.
Here’s the reality: It might be difficult to compel your landlord to fully address a systemic roach problem, especially if they’re already aware of it and haven’t taken effective action. And being behind on rent can complicate matters further.
Your best bet might be to focus on finding a new place to live and negotiating an early termination of your lease.
We can help you:
Review your lease agreement: We’ll examine the terms of your lease to identify any potential grounds for early termination.
Negotiate with your landlord: We can communicate with your landlord on your behalf, advocating for a mutually agreeable solution that allows you to move out without penalty.
Protect your rights: We’ll ensure your rights are protected throughout the process and that you’re not held liable for any issues beyond your control.
Don’t hesitate to contact us for a consultation. We’ll discuss your specific situation, answer your questions, and help you explore all your options. You deserve to live in a clean and comfortable home!
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