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Posted by Debi Rumph | Aug 03, 2020 | 0 Comments

Is this you:  If so, we can help.  However, what surprises most tenants is when we tell them that termination of their lease is their best and safest option.

As you have likely anticipated, living in the presence of excess mold is not healthy:  For this reason, courts may refuse to compensate tenants for any personal injuries they suffer as a result of the mold exposure.  Why? Because the best answer was for the tenants to leave the toxic environment as soon as possible.*  This is especially true in Florida, because under Fla. Stat. §83.56(5)(a), many tenants waive their rights to damages by failing to terminate the lease and move out as soon as possible.

However, many tenants respond that they can't afford to move or that other circumstances are preventing them from moving.  Therefore, they argue that they couldn't terminate the lease or move.

But, this is how courts think: If the home had been in a fire, and there was no building left, what would the tenant have done?  The tenant's finances would've been the same–and sure, it would have been inconvenient to move unexpectedly–but the tenant would have found a way. 

Unfortunately for tenants, courts feel exactly the same way about potentially toxic environments.

Courts believe that tenants should do whatever it takes to get yourselves out of this situation ASAP. In these courts' minds, even people with little financial resources can find a way. For example, these people, if motivated, will generally look for help from nonprofits.  Therefore, if appropriate,  I would suggest contacting an agency like: to assist tenants experiencing financial hardship get help with moving expenses. Tenants are not limited; there are many such organizations that thrive by helping those in need.

Therefore, if the tenant fails to move (or repair the premises if the tenant is legally obligated to perform repairs), the tenant is assuming the risks of living in such environment–which means that the tenant will not likely be compensated by the landlord or the landlord's insurance company for any damages or personal injuries the tenant suffered as a result.

On the other hand, if done correctly, and if the lease is terminated appropriately, in some instances, and with the appropriate evidence, I am able to secure a partial rent refund for some tenants.  Only some tenants will be eligible for a rent refund since some tenants will legally waive their rights to receive such refund as discussed above.

If you would like to know more about our process, you can watch this short video or read about it here:


To Get Started:

If you are ready to strategize a termination of your lease—or if you have any questions about us or our process, email us at [email protected], text us, or call us at (407) 294-9959.  Otherwise, we are wishing you good luck with your legal matter.

*To even have a chance of potentially recovering anything, Tenants literally have to be tricked to remain in the property–OR assured that items would be properly fixed by a property manger when they weren't–AND have substantial medical records and bills.  Most tenants do not have this.

About the Author

Debi Rumph

The Law Offices of Debi V. Rumph and Debi's Tenant Clinic Corner About Us Since July 2005, The Residential Realty Law Firm provided a wide range of legal services as it related to home ownership. However, on July 1, 2012, The Residential Realty Law Firm became the Law Offices of Debi V. Rumph. Debi pr...


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