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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37972
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I own a dance studio and lease retail space. The first 18

Customer Question

I own a dance studio and lease retail space. The first 18 months of occupancy, I've been here 23 months now, sewer gas was coming into my space. When other tenants finally complained it was fixed. I'm nearly bankrupt now as the landlord refused to believe the problem existed. My health also is on the decline, I'm 57. I've also had a leaky roof the entire time which they refuse to fix. I'm fairly certain mold exists. Please advise.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

Do you have any witnesses who could testify to the sewer gas being present during the first 18 months of your tenancy?

Customer: replied 1 year ago.
I do. I also have an appt. coming in shortly. So I will be busy for 2 hours.
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

The short answer is that if you can prove that the sewer gas was present, that it negatively affected your business, that you complained to the landlord who did nothing, and that under the lease agreement, the landlord was responsible for maintaining the plumbing, then you can sue for breach of lease and recover your lost profits, and/or the diminished value of the rent during the 18 months that the sewer gas was present.

This case is all about the facts and your ability to prove them. If you can, it's a slam dunk case, and you ought to be able to hire a lawyer to pretty much force a settlement, because the landlord will not win this case.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

Do you need further clarification of my answer, or do you have what you need?

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