JACKSONVILLE, Fla. – After the city condemned 10 units in a Westside apartment complex following complaints of unsafe living conditions, residents in units that were not condemned still have the right to take legal action if they’re living in conditions that violate code.
Residents of the Colonial Forest Apartments have been voicing their concerns to the News4JAX I-TEAM about conditions at the apartment complex.
“I have mold that’s been in there since I moved in,” said a resident who wished to remain anonymous.
Apart from mold, rats and other pests, the complaints also include squatters living in abandoned units, leaking pipes and other plumbing issues and unsafe structures.
“We need better maintenance. They don’t come. You could put in a request…they don’t care, they don’t come,” the resident said.
Officials from the fire department and the city’s neighborhood department inspected the apartment complex on Tuesday and said they condemned 10 units. After conducting the inspection, the city gave the affected residents two options: move into a different unit on the property or take $1,700 from the city to find a new place to live.
After a family living in one of the condemned units spoke about their living conditions with the News4JAX I-TEAM Wednesday, management gave them until Sunday to find a new place to live. However, Melissa Ross with the city told News4JAX on Friday there is no solid date for when tenants need to move out of condemned units.
Because of the lack of maintenance, some are ready to get out, even tenants who do not live in a condemned unit.
While it may be a complex process, Jacksonville Area Legal Aid Attorney James Tyer said it is possible to break a lease.
“Residents that are remaining in the property for the units that haven’t been condemned, if their units are substandard, if they’re not up to code…they can also terminate their lease if they follow a specific procedure,” Tyer said.
Tyler said the first thing to do is to get a code citation so there is proof of a code violation.
“So we definitely recommend contacting the City of Jacksonville to inspect their units, their specific units,” Tyer said. “In addition to that, once they get the code citation, they can draft the seven-day notice of an intent to terminate your lease or withhold your rent.”
For example, landlords are required by law to provide trash pickup services and not doing so could potentially violate code.
On Thursday, News4JAX witnessed dumpsters being hauled off the property. Waste Management confirmed they took the dumpsters because of non-payment.
“I have to go to a different apartment complex to dump my trash because there’s too much trash out here,” the resident said.
After seven days, if the landlord doesn’t make the repairs, you have the right to terminate the lease and vacate the property.
“At the bare minimum, a landlord has to maintain a property that’s habitable,” Tyer said.
The first thing you should do is call code enforcement if you’re thinking about breaking a lease. To report a violation or request an inspection, you should call code compliance or 630-CITY.
Jacksonville Area Legal Aid attorneys are available every Wednesday, by appointment only, if you need help drafting a notice of intent to break a lease.