How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask insearchoftheanswer Your Own Question
insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53996
Experience:  Lawyer; developer/owner of RE developments.
17027240
Type Your Landlord-Tenant Question Here...
insearchoftheanswer is online now
A new question is answered every 9 seconds

My daughter just moved into a house then found the bad

Customer Question

My daughter just moved into a house then found the bad mold....she has been there 2 weeks or so maybe a month....landlord told her....if you don't want to live with the mold...move out...does she have any options...
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping.

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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.

thank you...let me speak with her and then I will see if we need anything else ...then I will rate you...thanks again

Expert:  insearchoftheanswer replied 1 year ago.

You're very welcome...it's been my pleasure to help!

Related Landlord-Tenant Questions