Real Estate Law
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Hi Sheri. My name is ***** ***** I look forward to helping you.
You have a couple of options. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have a situation with mold which directly puts your health in peril, a tenant would clearly not be afforded such enjoyment of the premises....and therefore the landlord would be in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.
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You certainly don't want to stay there as your health is in peril with black mold. I would first call the county and explain the situation. Then, I would move to another place and then sue the landlord for your costs of moving and to recover past rent due to the fact that you were not afforded the full benefit of your rental bargain.