Renters' rights: Can you break a lease in Florida if a home has Chinese drywall?

You discover Chinese drywall in the rental house where you are living. Your lease doesn't end for eight months, and you're worried about the potential heath hazard.

What rights does a renter have?

That's the question Kim Carlisi asked when she found the home she's renting in Riverview contains Chinese drywall. Carlisi plans to walk away from the $1,300-a-month lease and wants moving expenses to boot.

Well, state law says, "Your landlord must provide a healthy, properly maintained place for you to live," according to the state Department of Agriculture and Consumer Services.

Here's where renters need to take care, though.

Terry McElroy, a spokesman for the department, said renters also have obligations, even in a home where there is a potential health hazard.

Some Chinese drywall has been known to corrode copper and metal surfaces, give off a foul odor and make people sick. Not all Chinese drywall is believed to cause these problems.

Lawsuits have emerged as a result of the troubled drywall, though the full impact on human health has yet to be determined.

So can Carlisi simply walk away from her lease because of a potential health hazard?

"Whether or not having Chinese drywall in there constitutes a breach of that, I do not know," McElroy said. "I don't know that anyone could answer that at the moment."

By walking away from a lease without a definitive answer about the health risk, a tenant could risk having "the landlord come after them for the rent," he said.

Carlisi said she sees it as a no-win situation. Although she is unaware of any health problems caused by the drywall to date, she is concerned that if she stays, the landlord could hold her responsible for staying in a home she knew had a potential health hazard.

"There's not a choice," said Carlisi, adding that three children stay in the home part time. "Should we stay until the owner forces us out?"

The Realtor representing the landlord did not return phone calls about the issue.

To ensure tenants have adequately protected themselves before terminating a lease for health or safety reasons, McElroy said they should consult the proper authorities.

So here's the Edge

• Contact the local health department. If you suspect a health hazard in your rental unit that might serve as grounds to terminate your lease, ask the local health department to review your situation.

• Consult a lawyer. If there is a legally binding contract, you do not want to walk away without a clear agreement with the landlord, else you might be held liable for what is owed on the full contract.

Ivan Penn can be reached at ipenn@sptimes.com or (727) 892-2332.