[RPPTL LandTen] Construction Eviction Question

lesstevens lesstevens at earthlink.net
Mon Apr 23 07:20:36 PDT 2012


I have a client, landlord, who was informed of a potential dead animal in
the attic of one of his tenants. He immediately had the area treated;
however, the flies kept coming back. After a couple of more treatments there
did not appear to be any more flies; however, the Tenant has become "fly
paranoid". The landlord abated the time period in which the premises were
treated as she had to temporarily vacate the premises.

 

No is no and there has not been any signs of the flies; however, the Tenant
has sent a notice of intent to vacate citing 83.51(1), although I believe
she meant subsection (2)..The question becomes, "How Many Flies Constitute
Constructive Eviction"?

 

Our intent is to hold the Tenant to the balance of the Lease term as the
Landlord has complied with his statutory obligations and there is no further
evidence of a problem.

 

Thank you for your input in this matter..

 

 

Les H. Stevens, Esquire
Les H. Stevens, P.A.
5301 North Federal Highway
Suite 130
Boca Raton, Florida 33487
Tel. - (561) 989-9797
Fax - (561) 989-8484
E-Mail - lesstevens at earthlink.net

 

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