Is it a code violation if landlord screwed all windows shut from the outside?

[Gina galiano]

Hi everyone, I hope I can get some help here. Our windows are inoperable. They do not close. They are from the 70's and the handles have also fallen off. When we did a walk through, all the blinds were closed and we never dreamed the windows wouldn't close. We did not discover this until after we moved in and the lease had been signed. The landlords solution was to screw all the window shut from the outside. Some of the windows remain open because the screws will not hold them shut.They said they would replace the windows but could not promise when. Six months later, no word on replacing. We would like to get out of the lease but do not want our credit affected from breaking the lease. Does anyone know if it is or know who I would contact to determine if it is? Thank you so much in advance!!

 

[mtlogcabin]

What state and city are you in?

 

[Gina galiano]

I'm in Palm City, Fl.

 

[Mark K]

How is this different from the common situation where the windows are not openable because the several coats of paint applied over the years prevent the windows from opening?

 

[Gina galiano]

I don't know. I've personally never heard of windows not opening due to multiple coats.

 

[steveray]

Odds are it is a violation, but you would need to find out who enforces housing code in your area. Some places it is the health department, some places building or fire, some places have their own housing inspectors....Is it an apartment or single family home?

 

[Gina galiano]

It is a single family home.

 

[cda]

You are required One window

In Each bedroom to open

Unless a bedroom has a door Dircetly to the Outside

 

[Gina galiano]

Thank you so much! I appreciate you taking the time to help me!

 

[mtlogcabin]

https://library.municode.com/FL/Mar...CH21BUHORE_PT2PRMACO_ART9EXST_S21.121WISKDOFR

Sec. 21.121. - Window, skylight and door frames.

Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

21.121.1.

Glazing. All glazing materials shall be maintained free from cracks and holes.

21.121.2.

Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.



(Ord. No. 742, pt. 2, 2-6-2007)

 

[Gina galiano]

Thank you so much for your help! It looks like we're safe to break the lease without repercussions!!

 

[cda]

Thank you so much for your help! It looks like we're safe to break the lease without repercussions!!

Check the see if there is a renters advocate assoc in your city or state

Or free legal help

I would first send a written certified mail notice, to fix the windows, or you are giving thirty days notice because of clause..... in the lease agreement

If you do not the leaser can say he never had any complaints.

The other thing is check if there is a code enforcement,housing dept or the Building dept, that takes complaints

And File One!!!!

 

[Gina galiano]

I definitely will. Thank you so much for all this great advice!

 

[ADAguy]

You never mentioned if the windows have screens, do they?
Have a security deposit?
Waiting to hear landlords response.

 

[Gina galiano]

There are no screens on the windows. That is our biggest concern, if we will get our deposit (last and security). We are considering going for a consultation with a lawyer to ask what rights we actually have if we break the lease. We don't want her to mess with out credit as it is in great standing. Our lease ends in July.

 

[SilasKern]

My aunt Esmeralda is going through a similar thing. I may have to inform her of these info. Thanks, guys!

 

[conarb]

There are tennants' rights law firms, take a look here.

 

[fatboy]

Looks more like a landlord website...........

 

[conarb]

Looks more like a landlord website...........

You are right, I don't know how that hapened, from the same company Landlord Tenant laws.

 

[ADAguy]

There are more law firms offering services to landlords then tenants.