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Updated over 1 year ago on . Most recent reply
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Is mold covered in FL Statute 83.56
Apologies for the long story but any help or recommendations would be appreciated.
Initially had tenants on a 6 month lease ending July 2023 while they were building their new home. Prior to lease end, tenants wanted to extend - month to month until October 2023. We did not want month to month so gave the option to move out or sign new 6 month lease. Tenants signed new 6 month lease starting Aug2023 in June of 2023.
Beginning of August tenants advised us of mold visible on the garage ceiling and a small amount on the ceiling in the laundry room. We immediately hired a professional mold inspector and confirmed very small and normal amounts of mold detected in the laundry room.(a soapy solution was the recommended remedy) And in the garage. (Removal of the drywall ceiling and remediation in the ceiling) Immediately contacted and scheduled professional remediation company to come in and remove any mold and make necessary repairs. From initial notification to the time we received the inspection report back was 8 days.(Air quality samples had to be mailed to a lab that occurred over the weekend) From inspection report to remediation scheduled start date was 6 days. We are making every effort to investigate and remediate any mold issues as fast as we can limited only by professional Services availability and tenant cooperation.
During this time The tenant have made multiple statements about not allowing us to enter the home to complete any remediation while they were still living there. They have now almost fully abandoned the property and locked us out of the property via door latches on the inside. Stopping us from being able to start the removal and repairs process. Tenants citied Florida statute 83.56 with a 7 day deadline but then intentionally impeded our ability to conduct the repairs in time. Tenants claim they are abandoning the property and will not pay rent any longer now citing health reasons.
Do they have any basis to break the lease with out penalty?