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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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I leased an apartment in May, 2015 and discovered a big mold

Customer Question

Good afternoon,I leased an apartment in May, 2015 and discovered a big mold problem. there was mold under the floor boards, under ceiling tiles, and under the bathroom vanity. I took photos of this stuff and used a home testing kit to confirm the presence of mold ( I did not save the results indicator tab). I discovered the problem around August and myself and my daughter had a bad mold related bhronchitis in october. I spoke with the landlord in november and told him I planned to vacate the premises. He said he would return the security deposit but never did. We left in december and I have not continued to pay any rent. I believe the premises were re-let in february. I don't have any note from landlord in writing and while I have a formal lease agreement for 1 year, there was not a separate rider regarding mold. my sense is the mold was a remnant from hurricane sandy. My goal is to recover a refund for the rent I paid between May and November at 2100/month. Please advise whether I may be able to recover this rent (after having breathed in mold during that time...my college age daughter is feeling better; although, I still have some mold connected asthma). Also, let me know whether I will be able to recover my security deposit or other damages, either for the medical injuries, medical expenses, and the cost of relocating. many thanks.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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Do you still have the photos of the mold?

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Do you have medical documentation that the mold was the likely cause of your injuries and medical expenses?

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Did the landlord take any action to remediate the mold after you told them about it?

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Is there some reason why you didn't notify the landlord in August when you discovered the problem?

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Did you contact any city official like Code Enforcement or the Housing Inspector?

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thanks

Barrister

Customer: replied 9 months ago.
Barrister,I do still have the photos. This all happened in NY, the empire state. I can obtain medical records from my doctor. I did not contact the buildings dept or any other authority. upon learning of the problem, landlord took no action to remediate it. I'm not sure exactly why the landlord was not notified sooner.thank you.
Expert:  barristerinky replied 9 months ago.

Ok, if you suffered damages due to the landlord's negligence in not maintaining his property, then you can hold him liable for your costs and reasonable damages associated with the negligence.

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If you can prove that the mold was the likely cause of your illnesses, then that would be compensable as long as you can prove the mold was there, which it sound like you can..

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In order to have the best outcome, it would be wise to talk to a local personal injury attorney about the case as the landlord may have insurance that would simply settle the matter without actually taking it to trial, considering your proof.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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