CAPE CORAL, Fla. - A Cape Coral family has to get out of their home in thirty days. They say their landlord let them rent an unsafe home and didn't make needed repairs and ow they're out of money and a place to live.

A ceiling that's falling apart, bowls lined up to catch rain water, a board in place of a window pane and a busted bathroom. All reasons why 1271 Hibiscus Drive is not home sweet home to Joesph Olson and his family.

"I cant keep living like this," he says.

Olson says his landlord wouldn't fix it or let him fix it and now code enforcement says the place is unsafe.

Olson says his family has 30 days to move. He says he wants his money back, repairs-made or help finding a new place.

"I just can't pick up and leave in 30 days when i don't have the money to do it with," he says.

But Olson's landlord says he doesn't have to. David Mulicka is an investor with Del Pine Manor L.L.C.-the group that owns several homes on Hibiscus.
He says he tried to give the Olson's money and help.

"When I offered them the chance to move out with no penalty they wouldn't leave! So I'm in a quagmire over what to do," says Mulicka.

The landlord also tells WINK News he knew the homes were old and needed work. He says he was trying to help people out by renting out the homes for what he calls a good price -- $600 a month.

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The Landlord
Section 83.51(1), F.S.
The landlord's responsibilities will depend on the type of rental unit. The landlord of a dwelling unit at all times during the tenancy shall:

Section 83.51(1)(a)(b), F.S.

Comply with the requirements of applicable building, housing and health codes; or
Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads;
Keep the plumbing in reasonably good working condition.
The landlord's obligations may be altered or modified in writing with respect to a single family dwelling or duplex.

Section 83.51(2)(a), F.S.
In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:

Extermination of rats, mice, ants and wood destroying organisms and bed bugs.
Locks and keys.
Clean and safe conditions of common areas.
Garbage removal and outside receptacles.
Functioning facilities for heat during winter, running water and hot water.
Section 83.51(2)(b), F.S.
If the dwelling is a single-family home or duplex, a working smoke detection device.

This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.

The Tenant
Section 83.52, F.S.
A tenant, at all times during the tenancy shall:

Comply with all building, housing and health codes.
Keep the dwelling clean and sanitary.
Remove garbage from the dwelling in a clean and sanitary manner.
Keep plumbing fixtures clean, sanitary and in repair.
Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.
Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.
Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.