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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17515
Experience:  B.A.; M.B.A.; J.D.
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I am in a battle with my landlord because when I moved in

Customer Question

I am in a battle with my landlord because when I moved in 2012 I reported to her with few weeks that the kitchen was smelling like mold. She took over an year to properly investigate the problem. Bot***** *****ne, she was waiting for her insurance to pay for the cost of thekitchen. She got the money from insurance and contracted 2 contractors that I discovered that both have the licenses expired. The kitchen project was supposed to be done in 1 week. It took 3 months and was not done due to many appointment cancellation from the contractors. I consulted a lawyer and he advise me to stop rental payments until she done with the kitchen. However, she started giving me eviction notices.
I am not in her house anymore. She now have a civil case against me and we are going to trial. She is looking for back rent, but she is not calculating my security deposit. My defense is that I lived in a house with a dysfunction and mold kitchen for 2 years. I should reduce the rent by the size of the kitchen "Green vs Superior Court". However, I just found out about the situation of the contractors. What do you think?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 9 months ago.

It is likely that you would prevail in the case. That she is not going to get the amount that she is requesting and that the amount is most likely going to be drastically cut because of her failure to make the repairs in a reasonable time and her failure to use licensed contractors for the job.

Also, if she did not follow the procedures for retaining your security deposit, that is, returning the deposit to you with 21 days of your moving out of the apartment or giving you a reason for the retention, by law she must return the full deposit to you.