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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34293
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have an apartment that got flooded from up stairs and the

Customer Question

I have an apartment that got flooded from up stairs and the apartment won't move me into another apartment give me my deposit back or break my lease only been there 4 months. Took them four days to even cut open walls toctake care of the problem and once they did theres really bad mold and there cutting into the walls spreading mold and drywall all over everything I own now I own nothing because it all has to be thrown away now. So me and my son are jumping around staying with family with only a bag of clothes and we would have no choice but to be living on the streets and we r so thank full I have my older sister letting us stay at her place. Weve already been out of the apartment since this has happened and everyday off work ive recored and taken pictures of there way of taking care of this problem which there not can u help me find someone to please help us in anyway?everything we own has got to be thrown away and we r close to living on streets if it wasnt for my sister. Paying $1,300 for a molded apartment that we cant even stay in or even break the lease so we have some where to live please contact me asap(###) ###-####my names ty. Thank you for your time
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
They located mold thurdsay around 3 pm thurdsay went back there 24hrs later on friday the 28th and they have done nothing still. I have pictures and video to prove it all
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Has the landlord offered to put you up in a hotel until repairs as re complete?

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Do you know if the landlord has insurance?

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What caused the flooding?

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Customer: replied 5 months ago.
No the landlord has not tried contacting me in anyway since the day I went in on monday to tell them I can even get a print out from phone company showing they havent. And no they did not offer me to go to a hotel I even asked them to and they said no.I do not know if land lord has insurance. Flooding was caused from tub up stairs I even have pictures.maintenance guy told me at 3 in morning to turn of my ac off cause it froze up and to turn it back on in an hr I told him my ac is wirking great and he still said theres nothing they can do cause it's to early to knock on doors obviously its an emergency if I called them at 3 in the morning.so I went into the office and thats when they told me and my son we have no choice to stay their intil tbey gind mold so they allowed mold to grow so they can find it while they expected us to stay there
Expert:  Barrister replied 5 months ago.

Ok, from a purely legal perspective, the landlord has a legal duty to provide a habitable dwelling under the lease contract. If the dwelling is uninhabitable due to the flooding and mold, then the landlord is breaching that duty and you have a legal right to stay in a reasonably priced hotel/motel at the landlord's cost until repairs are completed and you can move back in.

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Further, if the landlord was negligent in maintaining his property, which allowed the flooding to occur, then you can hold him liable for the value of any personal property that was damaged or had to be thrown out.

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So bot***** *****ne is that the landlord is responsible for paying for a habitable dwelling for you, or their insurance is, until things are fixed and you can return.

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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