I'm having a dispute with my apartment complex over a monthly pest control fee that they want to start charging all tenants. The problem here is that my lease already says that they will pay for pest control. Additionally, there has been a cockroach infestation for months that they haven't dealt with. An exterminator has been sent twice in six months who sprayed poison down each time, but the infestation never went away even briefly. Google reviews for my complex also show a lot of other people complaining about infestations and the property management being unresponsive.
Florida Statute 83.51 says:
(2)(a) Unless otherwise agreed in writing [...] the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.
What my lease says ("We" refers to the landlord) is:
#7. UTILITIES. We'll pay for the following items, if checked:
other: pest control
You'll pay for all other utilities, related deposits, and any charges,
fees, or services on such utilities.Where lawful, all utilities, charges and fees of any kind under this
lease shall be considered additional rent
They had placed a notice on my door saying that all tenants would be charged monthly for pest control after 30 days, and I sent the property manager an e-mail including a screenshot of that portion of my lease and said that I would not be opting in to the new fee, and that I STILL had an infestation which I had been e-mailing them about for months. They replied with the following:
Good Afternoon [REDACTED],
We will get you put on the schedule for the next couple of weeks.
I wanted to double check with our legal department. They did confirm that we can charge/ change utilities with a 30day notice. It is written in your utility addendum under section 10. I have attached your addendum to this email.
The only fee that we CAN NOT change is your rent until the lease is complete.
Note that it's been over a month since I received this reply, and an exterminator only visited once in that time for two total visits in my time here.
The relevant portions of the lease addendum state:
Where the terms or conditions found in this Addendum vary or contradict any terms or conditions found in the Lease Contract, this Addendum shall control.
[...]
#10. You agree that you may, upon thirty (30) days prior written notice from Owner to you, begin receiving a bill for additional utilities and services, at which time such additional utilities and services shall for all purposes be included in the term Utilities.
Pest control is not among the utilities modified in the addendum. Section 10 specifically states "additional utilities", but pest control isn't additional. It's already in my lease!
I've contacted two law firms (the first one referred me to the second one), but I haven't been able to get any response. I'm just trying to find out if I'm the one in the wrong, and, if I'm not, who am I supposed to go to for help?
Any advice would be greatly appreciated.
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