When a Landlord Fails to Obey the Housing Codes

buyer home or apartment with landlord

Homeownership is not always an option, and renting a home can quickly become a nightmare, especially if the landlord is not obeying Florida state and local housing codes. When renting, your landlord is legally responsible for ensuring your unit is habitable. But what happens if your landlord does not obey local housing codes? Do you know what to do if your landlord violates the lease?

If you are unsure what to do when your landlord does not obey state and local housing codes, it is best to speak with a landlord tenant lawyer. The contract attorneys in Florida at Ferrer Law Group can help with housing code violations and get your landlord compliant with current housing codes.

Responsibilities of a Landlord

Landlords have several responsibilities, including ensuring the property is habitable and they follow all rules and regulations outlined in the lease and by the local housing authority. Some duties of the landlord may include:

  • Providing proper notice before entering the property
  • Providing a significant reason or purpose to enter the property
  • Lawfully keep the property up to current codes and habitable
  • Conduct repairs or maintenance promptly
  • Not illegally evicting tenants
  • Not price gouge by unjustifiably raising the rent
  • Not discriminate among tenants

What Constitutes Negligence from the Landlord?

Not all landlords do what they promise when a new tenant moves into their rental home; however, not everything the landlord neglects violates housing codes. Before filing a complaint regarding your landlord’s negligence, knowing what is and is not a housing code violation is best. Common items are considered negligence and may violate the state’s housing code laws may include:

  • Items such as the walls, roof, foundations, gutters, pipes, electrical wiring, windows, external doors, and other structural things are left in disrepair, or the landlord does not promptly repair them when there are issues.
  • If anything in the home is not adequately maintained by the landlord resulting, in items that may put the tenant’s health and safety at risk, including gas leaks, holes in the floor, and black mold.
  • Additionally, landlords are responsible for maintaining all common areas, including hallways, entryways, stairwells, elevators, green spaces, parking lots, etc., are safe and secure.
  • Pest control also falls under the landlord’s responsibility, and when they do not provide proper pest control, it can lead to infestations in apartments and rental homes.
  • Landlords must maintain that the units have a safe water supply, which could be violated if the water supply becomes contaminated or stops working.

Landlords are not typically found neglecting their duties as a landlord when the tenant damages the home, putting themselves at risk from their negligent behavior. Typical situations where the landlord is not liable for the disrepair of a property include when the tenant or a guest of theirs intentionally damages the property, when the tenant does not keep a clean home, and when the tenant is in violation of housing codes through activities such as hoarding.

When Can You Sue Your Landlord?

Though it might not always be the best option, there are several situations where you might be able to sue your landlord for not obeying Florida housing laws. Some instances where you can sue your landlord may include:

  • The landlord enters your residents without proper notification or warning
  • The landlord continually spies on you to see when you enter and exit the premises
  • When there is mold from unknown sources and not caused by the tenant’s lack of cleanliness
  • The landlord neglects to make necessary repairs to maintain the unit’s habitability

How a Landlord Tenant Lawyer Can Help

Hiring a landlord tenant lawyer can help determine if your landlord has any housing code violations regarding your current rental agreement. In addition, the attorney can help determine if your landlord is in breach of any housing codes and, if needed, can file a lawsuit to help get you the compensation you need, get you out of your lease, or get your landlord to make the necessary changes to bring your rental home up to current codes and regulations.

The lawyers are Ferrer Law Group in Florida and are dedicated to helping our clients get the justice they deserve and providing them with the essential right to live in a code-compliant home. We seek out illegal landlord actions and expose them in an attempt to get the necessary changes made, providing all of our tenants with a safe house.

If you feel your landlord is violating the current housing code, call our office today to learn more about how we can help. We are ready to fight for you and ensure where you live safely and a place you can call home.

Legal Disclaimer: The materials within this website are for informational purposes only. They are not legal advice and should not be used as such. Transmission of the information in this website is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet users and readers should not act upon this information and should seek professional legal counsel.