Florida residents at newly-opened apartments are being forced to move out because their furniture is sinking into the floors — here’s what happened and how to avoid the same nightmare

Residents must vacate

Residents living on the second, third and fourth floors of the Jacksonville complex came home on October 3rd to find a notice posted on their front doors laying out their options. It read, in part:

"Please see the options we discussed below:

OPTION 1: PERMANENT TRANSFER - You may permanently transfer to another unit with a 14- or 15-month lease. You will receive 2 Months Free and we will cover the cost of moving and packing.

OPTION 2: TEMPORARY TRANSFER - You may temporarily transfer to another unit for the 60-day construction period. You will then transfer back to your current apartment and receive 1 Month Free. We will cover the cost of moving and packing.

OPTION 3: LEASE TERMINATION - While we would love for you to stay living at Presidium Regal, you may terminate your lease with no fees, effective October 31st."

The notice also provided numbers for a moving company, listed move-out dates by floor and provided details for residents to recover their security deposits. However, the notice does not explain what caused the issues, though some residents believe the problems were caused by faulty construction.

Brooks Werkheiser, who lives on the third floor, went with option three after just six months of moving in.

“This has been a significant hassle, significant disruption in our household,” Werkheiser said.

But Presidium won’t be covering moving expenses for residents like Werkheiser, who plan to terminate their lease and move off the property — an inconvenience that could potentially put some renters into debt.

“It’s not fair,” Werkheiser said. “We moved here and incurred a $3,000 moving bill that they ought to reimburse me for, and the one I’m getting ready to pay again.”

Residents believe the property owners and managers were told about the issues late last year. Wilson, who claims to have seen another resident’s emails and pictures with date stamps, thinks the property owners and managers knew about these issues in September 2023 — before he moved in in December.

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How to protect yourself when apartment hunting

Wilson and Werkheiser's frustration is understandable and highlights the need to consider your options carefully when house hunting. You can start by making sure you can visit the exact unit you plan to rent so you can check for potential issues. Cracks in the walls and ceiling and gaps in the flooring can indicate significant problems.

Also, check out common areas like hallways and stairwells for indications of structural issues or overall disrepair. Odors are important too, as a musty smell could indicate mold, mildew or moisture problems.

If you can talk to potential neighbors about their experience in the community, that doesn’t hurt either. Ask about any issues they've faced and how the property manager has handled challenges.

Finally, look for online reviews of the community you plan to live in and others owned or managed by the same company. A history of unresolved issues could be a red flag.

Above all, know your rights. Florida law gives you the right to a habitable dwelling unit and the right to enjoy it in peace and quiet. If you believe your property manager is not following the law or providing proper disclosures, contact a tenant lawyer.