PORT ST. LUCIE, Fla. — Nonprofit groups like the Legal Aid Society of Palm Beach County and Florida Rural Legal Services can provide advice and potentially free legal counsel for renting tenants who have mold problems.
I spoke with Kila Perez, who is in a tough spot after mold problems in her former Port St. Lucie apartment.
“Mind-boggling. Stressful. Because i’m starting all over again after losing everything. We lost a lot of things. Furniture, clothes, memorables of things we can’t get back,” Perez said.
While Perez is dealing with a back and forth to get it fixed, I thought that she can’t be the only one in a situation like this.
I started making calls on this and found the nonprofits that can help you get rid of your mold problem, and I talked with a renters rights expert.
Joe Grant worked for years with the Legal Aid Society of Palm Beach, helping tenants with mold issues.
“It can be a fairly complex process. The biggest thing is to try to know your rights,” Grant said.
Mold just doesn’t look nasty. It can cause serious health issues The Centers for Disease Control and Prevention said mold exposure can lead to coughing or a skin rash. More severe reactions could happen if you have asthma or are immunocompromised.
Grant said that when you first notice mold in your home, make sure all your communication with your landlord is written, like in an email.
“Say, 'Hey. These are the issues. Here is a record of those issues. How can we move forward?' Without that, it’s just one word against another. And that can be really tough,” Grant said.
Perhaps the toughest part is proving the mold in your apartment is harmful to your health.
"It’s a gray area. You know, usually you’re going to need third-party assistance at that point," Grant said.
I called three local mold remediation companies for prices. Some testing can cost nearly $400. Other testing can be wrapped into your cost of getting the mold removed.
If that’s not in your budget and your landlord isn’t budging, Florida statute 82.56 is on your side, but timing is important. The law said you can write a “seven-day notice to repair defect” letter. That requires your landlord to take some action.
If they don’t, you have two main options of terminating your lease and moving out, or paying rent into an escrow account until the apartment is fixed.
"When you deal with sophisticated landlords, they’re going to know the rules," Grant said.
He added that simply not paying rent when you have mold is not an option. Renters must be paid up until the point of choosing to put your rent money into an escrow account.
Then, it might be time to find an attorney.
“Most of the time, as soon as the landlord gets a letter from an attorney, their tone seems to change a little bit,” Grant said.
If that’s too costly, nonprofit groups can be a great resource.
“Nonprofits that are ready, willing, and able, and really whose goal is to inform, in this instance, tenants of what their rights are,” Grant said.
Perez is rebuilding right now, saying she had no choice but to move out after her mold problem. Her former landlord is still trying to recoup back rent.
We passed the non-profit resources to Perez, who’s hoping for the best.
"Now just working harder to get back what piece of mind we had right now. Because it was very stressful," Perez said.
If you choose to give the seven-day notice, you need to do the following:
- Send by USPS Certified Mail, or hand deliver the letter.
- Understand the landlord would be under no obligation to return your security deposit. You may consider getting a lawyer for that, as some attorneys will not charge you, and get their pay from any settlement from the landlord with a ruling that the landlord would be responsible for legal fees.
The following is a template you can use for a seven-day notice:
_________, 20__
VIA USPS CERTIFIED MAIL RETURN RECEIPT #______________________
To: [Landlord’s Name/Property Manager]
[Landlord’s Address]
Re: NOTICE FROM TENANT TO LANDLORD – TERMINATION FOR FAILURE TO MAINTAIN PREMISES
Dear __________:
This letter is to advise you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) and our rental agreement. If you do not complete the following repairs, non-compliance, or violations in the next seven days, I intend to terminate the rental agreement, move out, and hold you responsible for any damages resulting from the termination:
- __________________________________
- __________________________________
- __________________________________
- __________________________________
If every reasonable effort is not made to correct the above deficiencies, I will exercise my legal right to terminate the lease agreement seven (7) days from the date this letter is delivered to you._________________________
[Tenant name, address, and phone number]
For additional legal help, use the links below:
* Palm Beach Legal Aid Society
(561) 655-8944
* Florida Rural Legal Services
888-582-3410
