Avalon Communities

Administration of Avalon Miramar Park Place Residential

From: Ernesto Alonso

Dear Sirs,

I am compelled to express my strongest objection to the $2,000 charge applied to my account for an alleged cleaning due to humidity levels supposedly outside the permitted range in apartment 4205. This charge is without factual basis or legal support, as I will detail below.

Proven Facts 1.

Humidity Conditions in Apartment 4205: During the visit by the mold treatment specialist, I was informed personally that all inspected areas in apartment 4205 had humidity levels within normal parameters, even though the terrace door was open following medical advice to ventilate the apartment due to high mold contamination. I have video evidence showing the specialist confirming that the test results were normal, verifying that no breach of authorized humidity standards occurred. 2. Consistent History of Compliance: Over nearly three years as a tenant in this complex, both in apartment 4305 and later in 4205, I have consistently maintained humidity levels within the prescribed limits.

If this were a problem due to my conduct or negligence, the previous apartment (4305) would have exhibited similar issues; however, no such problems were ever reported, demonstrating that the source of the problem is not attributable to my use of the property. 3. Systemic Mold Contamination Issue: Several apartments within this block, particularly those facing the lagoon, have experienced similar mold contamination issues, indicating a systemic problem related to the propertys structural and ventilation characteristics, not the actions of individual tenants.

Legal Grounds and Relevant Case Law 1. Federal and State Law Requirements for Habitability

Under Chapter 83, Section 51 of the Florida Statutes, which governs residential tenancies, property owners and administrators are required to maintain rental units in a habitable condition.

This includes providing premises that are free from defects affecting the health and safety of the occupants. Mold contamination and improper humidity levels directly violate this obligation, exposing tenants to significant health risks such as allergies, asthma, respiratory infections, and other serious health concerns.

Furthermore, the Federal Warranty of Habitability Doctrine, as interpreted by various courts, establishes that landlords must ensure that rental properties are fit for human habitation. This duty includes addressing and preventing conditions such as mold, which is known to be hazardous to health. 2.

Legal Precedents Holding Landlords and Administrators Accountable

There are numerous cases where courts have found landlords and property administrators liable for failing to maintain properties in a habitable condition, thus supporting the tenants rights against unjust charges: Brooke v. Homeward Residential, Inc. (2017): The court found in favor of the tenants, ruling that the lack of proper maintenance and exposure to mold constituted a violation of the obligation to maintain properties in a habitable condition, imposing substantial penalties on the administration for negligence. Park v.

Hoffmann (Florida, 2019): The court held that the property administration was negligent by failing to adequately address mold issues, which resulted in health damages to tenants. The court mandated compensation for the affected tenants, reinforcing the principle that landlords are responsible for ensuring safe living conditions. Krebs v. Canyon Lake Property Owners Association (California, 2020): In this case, the court determined that the administration breached its duty of care by failing to promptly remediate mold conditions, leading to significant compensation for the affected tenants.

This decision underscores the administrations duty to ensure that property conditions do not pose health risks to the occupants. Castle v. Barrett (Texas, 2021): The court ruled that the administration could not transfer the responsibility of structural or systemic issues to the tenant, especially when these issues impact multiple units in a complex. This precedent makes it clear that landlords cannot unfairly impose maintenance-related costs on tenants when the issues are beyond the tenants control.

Barrett v. Lipscomb University (Tennessee, 2019): The court found that the property owner failed to maintain the property in a habitable condition by not addressing mold contamination and awarded damages to the tenant. The decision emphasized the landlords duty to provide a safe living environment, free from conditions that could harm tenants health. 3.

Non-Transferability of Maintenance Costs to Tenants

Federal and state laws, including the Uniform Residential Landlord and Tenant Act (URLTA) adopted by many states, prohibit landlords from passing on the cost of repairs or maintenance necessary to address structural or inherent problems in the property to the tenant. This doctrine has been consistently upheld in numerous court rulings: Javins v. First National Realty Corp. (D.C.

Cir. 1970): The court established that tenants have the right to a habitable residence and that landlords are obligated to repair and maintain rental properties. This landmark case clarified that tenants could not be held liable for repairs that are the landlords responsibility under the implied warranty of habitability. Marini v.

Ireland (New Jersey, 1970): The court found that landlords must bear the costs of repairs necessary to maintain a habitable condition, reinforcing that tenants cannot be charged for conditions that are beyond their control and responsibility. Green v. Superior Court (California, 1974): This case reaffirmed the principle that landlords must provide habitable living conditions and cannot pass repair costs onto tenants for issues related to the propertys habitability. Knight v.

Hallsthammar (California, 1981): The court emphasized that the landlords duty to maintain the property in a habitable condition is absolute and non-delegable, meaning that such responsibilities cannot be transferred to the tenant under any circumstances. 4. State-Specific Protections and Rights of Tenants

Florida law, under the Florida Residential Landlord and Tenant Act, mandates that landlords maintain rental units in a condition that meets health and safety standards. This obligation includes rectifying any mold contamination or other environmental hazards that may arise due to structural or maintenance failures.

Any attempt to charge tenants for addressing these issues constitutes a breach of the landlords statutory duties.

Final Considerations

The $2,000 charge imposed is clearly unjust, without merit, and lacks any basis in verifiable facts or law.

My conduct as a tenant has been exemplary, always maintaining proper humidity levels and complying with all rules established by the residential complex.

Therefore, I formally request the immediate removal of this charge from my account. I also request an urgent meeting with the mold treatment specialist and the maintenance manager to discuss this matter openly and transparently.

I urge the administration to act with the integrity, ethics, and professionalism expected in these situations, and to rectify this mistake promptly.

I look forward to your prompt and favorable response and the confirmation of the requested meeting.

Sincerely,

Ernesto Alonso

Apartment 4205

Avalon Miramar Park Place Residential