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Cedric
Cedric, Attorney
Category: Legal
Satisfied Customers: 2899
Experience:  Lawyer with several years of litigation experience in civil and criminal law.
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Hi, Ive lived in my studio apartment for the last 15 years.

Customer Question

Hi,
I've lived in my studio apartment for the last 15 years. About 1 yr ago, we got new on-site managers. They are forgetful and leave the water running in the jacuzzi or pool. On father's day of 2010, they left the water on and it flooded my apartment, the laundry room, and a rec room. I stayed home from work on Monday 6/21 to make sure that things got started to fix the problem. After speaking with a friend who had this happen in her home and speaking with a friend who is an insurance adjustor who deals with water damage, I think there's a pretty good chance that mold is either on the way or has begun. The managment office brought in their maintenance guy to try and figure out where the leak(s) were/are and they brought in a company to lift up the carpet and pull out the pad, install new padding, and lay the old carpeting back over the new pad. I've been living in the apartment the whole time. I gave notice that I intended to move to the management company and asked them to pay for me to move and they won't. However, my challenge is that there aren't too many 1bedroom apartments in the area where I live. Also, since I've been here for so long, I'm paying under market and will now add at least $300 to my monthly expenses. I've been throughly inconvenienced by the management company and the onsite landlord. (a) What kind of company do I call to have them check for mold? (b) Is there anything that I can sue them for?

Thanks for your help.
Submitted: 4 years ago.
Category: Legal
Expert:  Cedric replied 4 years ago.

You can sue them for breach of contract by breaking the implied covenant of habitability, which is automatically in any real estate contract.

 

Also, the landlord is responsible for cleaning out the mold, so you shouldn't have to worry about calling a mold removal company. But, I think it's similar to a carpet cleaner, if you'd want to call someone.

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