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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34756
Experience:  Attorney over 16 years, landlord 26 years
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Is my land lord responsible for cleaning the mold on all of

Customer Question

is my land lord responsible for cleaning the mold on all of my belongings
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: north Carolina Montgomery county mount gilead
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I asked about the black stuff on walls he said it is probably soot from candles or something from last tenant. I have complained several times once the green mold showed up he put in a dehumidifier. I have been sick twice and the doctor said its only been 2 months since I was in her office for the same thing
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 6 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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Is there some type of water leak in the property that is causing the mold to grow?

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Have you had it tested to confirm if it is mold?

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Have you taken pictures to document the conditions?

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Are your symptoms indicated as exposure to mold according to your doctors?

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thanks

Barrister

Customer: replied 6 months ago.
Water leaks, not sure, haven't tested, pictures yes, chest x-ray today and maybe more test to see
Expert:  barristerinky replied 6 months ago.

Ok, if the landlord is not making repairs and cleaning up any mold, then he is in breach of contract because he is not providing a habitable dwelling as required under the lease contract. So you have the right to sue him for any property damage or cleaning as well as for any medical expenses for doctor visits due to the mold exposure.

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You can sue in small claims court for up to either $5,000 or $10,000 and don't need an attorney. The clerk will have the summons and complaint forms you need to file to start the case if you present a demand to the landlord for repayment for any damages and they refuse to do so.

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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