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The landlord is responsible to compensate you for any damage to you or your possessions due to the negligent management of the building causing this uninhabitable situation.
To quantify your potential damages in a suit such as this you will need to evaluate the cost of repair or replacement for any property (clothes, furniture, etc.) that had to be replaced due to mold damage; the cost of moving from one unit to another; and the physical injuries you suffered due to inhalation of these mold spores (this will require a physician to testify on your behalf).
There are attorneys that can represent you in this type of case, they would best be positioned to help you evaluate the actual damages you can recover, as well as give you a case analysis regarding your potential lawsuit (amount of time and energy invested, costs, and likely recovery).
Unfortunately, I am not permitted to give specific referrals on this forum. I can however give you a couple of sites that will be helpful in locating a local attorney. You can find attorneys on your State Bar Association’s website: (http://www.gabar.org/forthepublic/findalawyer.cfm); Martindale Hubble: (http://www.martindale.com/); or, on AVVO: (http://www.avvo.com/find-a-lawyer).
To keep costs down, I recommend finding an attorney that is working in a small firm or as a solo practitioner. A newer attorney usually charges slightly less than a more experienced attorney, while the more experienced attorneys are usually a little more efficient. In the end, you need to find an attorney that you feel comfortable with, and it is okay to speak with more than one before retaining one.
I have called several attorney on the 1 800 numbers but can't seem to get through or I leave a message and no one returns my calls, I have to be out of the apartment by tomorrow midnight, I am glad they let us out of the lease but figured they did so because they know they could be in trouble. I will probably proceed by writing and ask to reimburse me for the rent., however they were making repairs in the apartment but the mold was growing back on the wood within 3 days.
The biggest issue that you may face is that they are using the waiver of the early termination fee as a way to get a release of liability from you for future actions (such as a personal injury action). If you have agreed to these terms, it means that in exchange for not paying $1100, you are not going to be able to sue them for damages. If you have not yet signed such an agreement, you can make a decision as to whether or not you wish to waive your right to such suit, or if you want to continue to force the issue at this time. Unfortunately, when you do not know the extent of any physical injury, it makes this type of decision difficult.
They did have me sign an agreement to vacate, I will try to go to a Dr. and see if they can detect mold sickness but really don't know if they actually know what test to do. I have been really sick., and according to what I looked up on line it is just like symptoms of mold sickness.
From the legal perspective, you will want to carefully read the agreement that you signed. Look to see if it has any waivers or releases for the landlord. From a medical perspective, going to a physician is probably warranted even if there are issues regarding your legal claim.
I didn't get a copy of what they asked me to sign, guess I will ask them for a copy. but they certainly didn't offer one.
You will definitely want one in the event you intend to pursue future litigation. This would be a document your attorney would want to look at initially to see if your claim is barred, or is facing a particularly difficult litigation.
Ok, I should have done more about it from the beginning, but really didn't know what to do. thank you for your advice I will pursue this as far as I can because I believe they know there apartments are full of mold and these are supposedly nice apartments in the BUckhead area of Atlanta. Thank you.
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