Moldy apartments, NDAs & seven-day notices: attorney shares what rights tenants, landlords have

CLAY COUNTY, Fla. — Action News Jax is getting you more answers after several families told us they’re fighting mold at the Courtney Manor apartment complex north of Orange Park.

Several other tenants at the apartment complex told Action News Jax companies have come in to kill the mold, but it keeps coming back.

Shakira Hall says apartment management offered to move her family into a new unit, but here’s the catch: she would’ve had to sign a non-disclosure agreement promising she wouldn’t talk or post about the mold on social media.

“They gave me a contract that said I would never be able to speak about mold issues. If I went to social media, they would be able to sue me,” Hall explained.

Hall says she declined the offer, and will instead be moving out of the complex altogether.

Associate Attorney Kevin Harris at Campione Law says Hall made the right call.

“I wouldn’t recommend a tenant with mold in their apartment to sign that,” Harris said.

“Whenever a landlord might feel like they may be liable in some situation, for example if there’s mold reoccurring and they haven’t cured it, they might try to give a form to tenant that says ‘you can’t sue us for anything that has happened here,’” Hall explained.

Action News Jax’s Stephanie Bennett asked Harris if the apartment really could put in the non-disclosure line forbidding Hall from mentioning the mold — even on social media.

“They’re perfectly fine to put that in there,” he said. “If the tenant signs it, then they’re liable to follow that.”

Hall says it would be wise for tenants to not sign such agreements.

Harris explained Florida law allows tenants in uninhabitable homes to serve a seven-day notice to their landlord.

“In the event that they don’t cure that within seven days, a tenant may withhold rent or even move out of the premises,” Harris said.

Action News Jax called Courtney Manor apartment management Thursday and again Friday. A manager told us someone from the corporate office would call us. We’re still waiting on that call.

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