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She does have recourse here, but not just to move out, but also to recover any and all damages she incurs due to having to move. Also, she has other rights other than termination. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where your daughter has a situation with mold which directly puts her health in peril, she is clearly not be afforded such enjoyment of the premises....and therefore the landlord is in breach of the implied warranty of habitability. This puts the landlord in default. This gives your daughter the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of any prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of the her rental bargain due to the inhabitability. Furthermore, although she has the right to terminate the lease due to the breach, she is not required to do so. Rather, she can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at the her option, until the problem is fully remediated.
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thank you...let me speak with her and then I will see if we need anything else ...then I will rate you...thanks again
You're very welcome...it's been my pleasure to help!