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diamondpearl

Pain & Suffering

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I would like to know is this case considered Tort Law, is it legal for the landlord to ask the tenant to move out or transfer to another apartment due to renovation, without giving any notice. Also the apartment he wants to put the tenants in are not equivalent to what they have, a 2BR to a 1BR, all he is offering is to give back the security and the tenants have 2wks to move out for renovation.

Can they sue for pain and suffering due to the abrupt move and inconvenience, the state is Florida.

Please help

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This issue would be considered a landlord/tenant issue and I have relocated the question to that folder as a result. There may not be any case for pain and suffering, unless you are forcibly moved.

It is not clear from your question, why the maintenance is taking place (did you complain about something that needs repair, etc.?, why you need to move (is it such a ig project that you cannot still live there while the repairs are being done?), how long you will have to move for (a few days, weeks, months?).

If you are being asked to move to a smaller unit, you can make a demand for lowered rent and see how the landlord responds to that.

Also, get in touch with your county's legal aid or similar legal services group to become familiarized with your rights as a tenant.

Best of luck.

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"I would like to know is this case considered Tort Law, is it legal for the landlord to ask the tenant to move out or transfer to another apartment due to renovation, without giving any notice."

To the best of my knowledge, there is no law in any state that makes it illegal for one person to ask another person to do something. Is that really what you meant to ask?

"all he is offering is to give back the security and the tenants have 2wks to move out for renovation."

First of all, two weeks is not "without giving any notice." Rather, it's two weeks' notice. Second, may we assume that you view the return of the tenants' security deposits to be insufficient consideration for what the landlord is asking?

"Can they sue for pain and suffering due to the abrupt move and inconvenience"

Anyone can sue anyone for anything. However, the circumstances you describe could not possibly give rise to "pain and suffering," so such damages would not be recoverable in any lawsuit relating to those events. Nor is "inconvenience" something for which damages can be recovered in a lawsuit.

The extent to which a landlord can require a tenant to vacate the leased premises (for "renovation" or any other purpose) will be spelled out in the parties' lease and the the applicable landlord-tenant laws. Presumably, in the absence of an emergency, the landlord would have to give some period of notice (I would assume one month would be required or proper, but it obviously depends on the applicable laws), and the landlord would have to pay all associated costs and any difference in value between the substitute residence and the actual leased residence.

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You don't say what type of tenancy you have, but if it's month-to-month, the landlord would need to give you very little notice of terminating your tenancy, namely 15 days.

If you have a long-term lease and it doesn't say anything about your needing to transfer for this purpose (and I would never sign a lease that did), you're free to tell the landlord to pound sand. A "renovation" isn't something that gives rise to a landlord having the right to tell you to move. Now if there was some serious structural issue, etc. that needed to be addressed, then the law might allow a termination.

Offering to give back a security isn't any kind of offer, given you're entitled to that anyway if you move out having left no damages or owing the landlord any money. :)

If he wants you to release him from a long-term lease obligation, tell him that he'll have to do better.

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