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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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I moved out of a townhome in August due to my upstairs

Customer Question

I moved out of a townhome in August due to my upstairs toilet leaking since February into my kitchen ceiling causing black mold and a sewer smell (I had to keep a container below the mark to catch dripping waste). I notified the property manager in February of this problem and she said she would put a work order in. The maintaince man said she never did. In June she did her walk thru and I told her in front of the maintaince man if it wasn't fixed by August I'll be moving out. She told me she would have them come the 1st Tuesday in July but no one ever came. I left the 1st of August with my lease ending at the end of August and knowing that if I wasn't on section 8 I could not stay there without my rent increasing due to new ownership wanting it to be hud only housing. I was also supposed to have a screen door put on before moving in September of 2014 which was never done. My current landlady had to call to verify that we could leave that residence to ok us moving into our current rental, which the property manager said yes to. I got a call from a collection agency today because she is charging us the last month's rent. What legal options do I have? I have 4 children and living in a home with black mold and human waste dripping from above my kitchen sink was not a option.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 11 months ago.

You do not have any obligation to pay, because the landlord is in breach here. The landlord is required to provide a dwelling that is habitable. The legal term is that you have a right to quiet enjoyment of your place, which means a reasonably clean and safe place to live.

Here, the apartment was not safe for living, becuase of the presence of the black mold, especially with the children involved. I would suggest you tell the landlord that you have conferred with a real estate lawyer (me) and that you have a case against the landlord because of the mold.

If the landlord doesn't remove the charges, you will file a lawsuit and win big damages against the landlord. Tell the landlord they had better notify the collection agency that your account should be considered "paid in full" and they should remove from the credit report, or else you will sue.

Good luck. Please rate 4 or 5 and close out the question. Good luck to you and happy new year.

Expert:  WiseOwl58 replied 11 months ago.

Please rate 4 or 5 and close out the question. We would like to have these questions closed out by December 31 close of business. Thanks, ***** ***** and happy new year.

Expert:  WiseOwl58 replied 11 months ago.

Good luck. Please rate 4 or 5 and close out the question. Happy New Year.

Expert:  WiseOwl58 replied 10 months ago.

Now, please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Now, please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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