Florida Rental information and Lawyers

[emalia]

Ok.. I need some help from the wench network here. I need a little education concerning what our Apartment complex is legally required to provide it tenants and what to do if those needs are not being met.

A little background information.. It was discovered by residents that several apartments in a very close vicinity are keyed alike. To me this is a security concern and therefore subject to IMMEDIATE ACTION, ie: change the damned locks.. Please let me know if I am crazy for expecting this as we reported this on Monday afternoon when it was confirmed by the physical going around and trying keys in different apartments. There is more to the story but I would rather discuss it off the board.

[wench230]

Emalia,

First of all, I am so sorry that you have to go through this. Any kind of a dispute between a landlord and a tenant has the potential to be highly unpleasant, as well as very upsetting. I've been there, and hated it.

Being the surfing diva that I am, I found a few links that might be helpful to you. Tenant-landlord law is local, by state, with some additional local laws applicable.

Here are 2 sites you can scan for information:

http://www.floridapirg.org/consumer/renters/rrpage1.htm
http://www.rentlaw.com/floridarentlaw.htm (cluttered but might be useful)

This is a PDF file of Florida landlord & tenant laws:
http://www.myflorida.com/dbpr/hr/forms/25/5025_750.pdf

Your problem seems to be something not specifically described, but I think it'd come under the paragraphs on Liability:


The landlord has a duty to exercise reasonable care to inform his tenants of any hidden dangers and to repair dangerous defective conditions when the tenant gives him notice of their existence.

In common areas of the property, such as hallways shared by several tenants, the landlord must inspect the areas and make necessary repairs. However, he is only liable for injuries which occurred while the property was being used in the manner for which it was intended.

Your landlord is also liable for any negligence he commits while doing repair work in your apartment.

Finally, your landlord may even be liable for crimes committed against tenants by strangers, when they were reasonably foreseeable, and the landlord's negligence allowed the crime to happen.

That last paragraph is especially significant, as identically-keyed door locks seem (to me) to be an open invitiation for an easy robbery to the most amateur thief, let alone the neighbors who now have complete access to your apartment. Any property owner with half a brain would quake in his Hush Puppies at the thought of being held liable for a robbery of your apartment because of his negligence or refusal to re-key your lock.

You could always just put a new lock on the door yourself (it's pretty simple, even I've done it) and immediately give the landlord the new key. Some landlords require written notice of your intent to change the locks; mine does. Check your copy of your lease & read it carefully! You are in the position of power, here. You occupy the property, you are paying money for a commodity - the rental of an apartment. You have the right to have a secure home!

I wish you the best of luck in resolving the issue. Let us know what happens, hmmm?

[daBaroness]

Great advice from Samantha!!!!

I think I'd just go kick the lazy lout in the cahoonas!

[Tink]

Great advice from Samantha!!!!

I think I'd just go kick the lazy lout in the cahoonas!

Screw him...I'd change my locks....If I knew other people could so easily access my apartment....I wouldn't wait.

[Wench Shaelyn]

Em,
Change the lock's yourself. I went threw the same thing when I was in my apartment complex in Orlando and after seeking advice from my lawyer he stated it was a breech of the contract on they're side and that I should buy the locks and send them a bill. Granted I never got paid back for such but the community shortly went under due to very poor management. I'd advice you ask a laywer also and if need gets to it, take action aginst the complex. Nothing tends to get results like a lawyer when they are in breech of contract.

Two Cents Worth,

[emalia]

Well they finally DID change the locks late yesterday afternoon, but only after a call from my SO advising them that we had contacted a Lawyer, and would proceede to call the Department of Professional Regualtions for Hotels and Res., code enforcement and the Dept. of Health as they would all be quite interested int eh Black mold issues and the lack of safety. He was there 10 minutes later.

I will proceede to call these people if the other issues aren't fixed within 3 weeks, or at least redressed. They messed with the wrong person and her attitude DID NOT HELP the issue. My SO said that she was a real B!TCH on the phone.

[Wench Shaelyn]

Good for you!

Hell, I'd say bring the lawyer in next time it happens if problems aren't fixed. Most likly many people compain and nothing has been going on to get things fixed. Often if one person starts it the chain reaction will follow and they will HAVE to strighten out or face large large fines.