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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117370
Experience:  Attorney with over 24 years experience.
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We rent a home in Olathe, KS. The basement has been flooding

Customer Question

We rent a home in Olathe, KS. The basement has been flooding for over 2 months, and now, we have black mold (very visible) and wet carpet in a 15'x15' area down in the basement. The rental company has sent out a company to soak up the water, and someone came out to look at the mold then left. They have (or claim to) have ordered new windows, which will probably fix the water issue as the windows are rotted and every time it rains, water comes in the basement. We are all not feeling well, not sure if from the mold, or weather, but our exchange student, who was here and had recently gone back home says all of his symptoms are now gone since he has been out of the house. I need to know how to proceed with the rental company. Do we get put into temporary living (hotel, etc..) or what are our options, or do we move to a new house? We have 1 more year on our lease. Johnson County, KS
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I lookforward to working with you to provide you the information you areseeking for educational purposes only. First you need to go to a doctor and get examined to determine and have the doctor report your symptoms are caused by the mold. This establishes your claim against them to seek damages for injuries and pain and suffering in addition to any other damages you have. Once you have the doctor's evaluation and report, your next step is to write them a letter of demand. In the demand letter, you need to inform them that their property defects, which they have neglected to repair and failed to remediate the mold have caused physical harm and you are seeking damages and attaching a doctor's report for the proof. Your damages should be the actual medical costs, any lost wages or income from the medical issues, plus pain and suffering of anywhere from $100-$300 per day for pain and suffering for each day you have suffered these symptoms. In addition to the physical injury claim, the landlord is in breach of contract and you have a right to demand they move you to new housing until they clean the mold or that the lease is terminated and they pay for the costs of you moving to a new location. If the landlord refuses, then you would need to get a local attorney and sue the landlord for damages to recover what you are due.

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