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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33769
Experience:  Attorney for over 15 years, landlord 26 years
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We owe back rent on building where mold under the floors and

Customer Question

We owe back rent on building where mold under the floors and carpets was making us sick. my mom and i were constantly getting bronchitis. We would be okay for a week or so and then come down with it again. Since we moved into a new building over a year ago, we have not had bronchitis at all. The landlord is trying to put a lien on me for the rent due. I feel like we were taken advantage of since no toxins were supposed to be in the building. we were doing well before we moved in there and since we moved out it has been like starting from scratch. Do I have any options or am I just stuck trying to come up with the money for back rent?
Submitted: 22 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 22 days 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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Do you have any evidence of the mold (reports, photos, test kits) and documentation from your doctor that this was the source of your illness?

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Has the landlord sued you for the rent or did he evict you for nonpayment?

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thanks

Barrister

Customer: replied 22 days ago.
I only have witnesses for the mold situation. I do have Doctor Medical Records but they don't say it was due to mold.
They did evict us and are now trying to get a lien on my accounts for back rent.
Customer: replied 22 days ago.
I am not trying to avoid pay the back rent I just am still trying to get caught up and have not been able to make payments. But I don't want a lien on my accounts and/or property and am not sure what I can do to avoid this. We were an LLC but aren't now. the llc has been dissolved but they required me to put my name on to get into the lease
Expert:  barristerinky replied 22 days ago.

Ok, the problem here is that without any proof saying that it was mold that was causing your medical problems, then you wouldn't have much to fight them with. If they filed an eviction case the time to fight it was back then and provide proof of the mold with photos, video, witnesses, and doctor reports that state that your illness could be caused by exposure to toxic mold..

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If you didn't fight them back then, I am afraid that you are stuck now with paying the back rent if they got a judgment against you for money damages or filing bankruptcy to discharge the debt..

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But if they sued you personally and got a judgment against you, then the judgment should already show up on any credit report and they can get a levy from the court clerk to levy bank accounts, or garnish wages to collect on the judgment.

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However, if they didn't sue you personally and get a judgment against you personally, then they can't lien anything or levy on any accounts..

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So I would suggest checking your credit report to see if a judgment shows up or not and if so, trying to work out a payment plan with them to avoid any involuntary collection action.

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thanks

Barrister

Customer: replied 22 days ago.
ok. Thank you
Expert:  barristerinky replied 22 days ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting"For Barrister" in the caption and they will get it to me.

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Have a great afternoon!

Barrister

Customer: replied 22 days ago.
does that mean they cannot put a lien on my home. just my bank account and garnish wages
Expert:  barristerinky replied 22 days ago.

Did they actually sue you personally as a defendant and get a judgment for money against you?

Customer: replied 22 days ago.
Expert:  barristerinky replied 22 days ago.

There are exemptions for equity in a person's home from creditors that depend on your status. So if you have below the amount of equity based on your status below, the home is exempt from any lien.

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Single homeowners who are not disabled may exempt up to $75,000 of the equity in their home or other property covered by the homestead exemption. You may exempt up to $100,000 if you live with a family member; $175,000 if you are 65 or older, or physically or mentally disabled; $175,000 if 55 or older, single, and earn a gross annual income under $25,000 or are married and earn a gross annual income under $35,000 and creditors seek to force the sale of your home.

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thanks

Barrister

Customer: replied 22 days ago.
ok. I am 56 and my husband is 74. We co own our home. Value of home is $153 and we own it completed. No debt
Customer: replied 22 days ago.
after business deductions we had around $20000 last year. Not sure what we had before business deduction
Expert:  barristerinky replied 22 days ago.

They look at gross annual income, not net.. so you would either only have $100K of exemptions or you would have $175K if your gross income was under $35K.

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thanks

Barrister

Customer: replied 22 days ago.
ok. gross was 36 so sounds like we are good
Customer: replied 22 days ago.
33685 was gross
Customer: replied 22 days ago.
with the rating you will get the money I paid correct for helping me?
Expert:  barristerinky replied 22 days ago.

A portion of it, yes.

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thanks much

Barrister

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