Living Conditions and the Lease
Katerina Rebescher entered into a lease agreement with Diana Cabral for a residence at 8851 North Isles Circle, Tamarac, Florida. Rebescher was the tenant; Cabral was the landlord. During the tenancy, Rebescher reported serious issues with the property, including roof leaks, mold growth, internal water damage, and an incomplete air conditioning repair. Despite these problems, she claimed Cabral failed to make necessary repairs or uphold her responsibilities under the lease. Rebescher formally notified Cabral in writing of the conditions and requested immediate action.
How the Dispute Escalated
The situation intensified after Cabral allegedly ignored Rebescher’s formal notices and statutory demands. The notices included a representation letter and a tenant’s legal right to withhold rent due to uninhabitable conditions. Rebescher alleged that mold and water damage remained unresolved, making the home unsafe. As a result, she moved out. She claimed that Cabral deliberately allowed the conditions to worsen in an effort to pressure her into vacating the property.
What She Endured
Rebescher stated that she suffered physical illness due to mold exposure. She also described severe emotional distress, including anxiety, humiliation, and mental anguish. She incurred costs related to relocating and sought treatment for her health issues. These issues, she claimed, were directly tied to the unaddressed hazards within the rental home.
What She’s Asking For
Rebescher sought compensatory damages for physical injury, emotional suffering, relocation expenses, and medical costs. She also requested interest, attorney’s fees, and other relief deemed appropriate by the court. Her claims included both current and ongoing damages, and she alleged that her condition would continue to affect her life in the future.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Katerina Rebescher
Counsel for Plaintiff: Matthew Zaheer Karim
Defendant: Diana Cabral
Claims
Rebescher filed a four-count lawsuit against Diana Cabral:
Count I – Breach of Contract: Cabral allegedly failed to maintain the property as required under the lease.
Count II – Breach of Duty of Good Faith (Fla. Stat. §83.44): She claimed Cabral intentionally ignored her legal right to habitable living conditions.
Count III – Negligence: Rebescher alleged that Cabral’s failure to remediate known mold hazards caused her physical and emotional harm.
Count IV – Intentional Infliction of Emotional Distress: She accused Cabral of deliberately allowing unsafe conditions to force her out, resulting in severe emotional distress.
Motion for Default
Plaintiff Katerina Rebescher, through her attorney, filed a motion requesting the Clerk of the Court to enter a default against Defendant Diana Cabral. The motion states that the lawsuit was filed on August 22, 2024, and Cabral was served with notice and process on November 1, 2024. A Verified Return of Service was filed on November 5, 2024. As of the filing date of the motion, more than 21 days had passed since service, and Cabral had not filed or served any response or document in the case. Based on this lack of action, Rebescher requested that a default be entered against Cabral for failure to respond within the legally required timeframe.
Verdict
On June 18, the jury in Broward County, Florida, returned verdicts in two related cases involving plaintiff Katerina Rebescher and defendant Diana Cabral. In the first case, the jury awarded Rebescher $62,000 for breach of contract (Count I) and $21,000 for breach of the obligation of good faith under Florida Statute §83.44 (Count II). In the second case, the jury awarded $21,000 for negligence (Count III) and $15,000 for intentional infliction of emotional distress (Count IV), resulting in a total award of $119,000 in damages.
