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I am in a battle with my landlord because when I moved in…

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I am in a battle...
I am in a battle with my landlord because when I moved in 2012 I reported to her with few weeks that the kitchen was smelling like mold. She took over an year to properly investigate the problem. Bot***** *****ne, she was waiting for her insurance to pay for the cost of thekitchen. She got the money from insurance and contracted 2 contractors that I discovered that both have the licenses expired. The kitchen project was supposed to be done in 1 week. It took 3 months and was not done due to many appointment cancellation from the contractors. I consulted a lawyer and he advise me to stop rental payments until she done with the kitchen. However, she started giving me eviction notices.
I am not in her house anymore. She now have a civil case against me and we are going to trial. She is looking for back rent, but she is not calculating my security deposit. My defense is that I lived in a house with a dysfunction and mold kitchen for 2 years. I should reduce the rent by the size of the kitchen "Green vs Superior Court". However, I just found out about the situation of the contractors. What do you think?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 4 hours by:
2/23/2016
Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,721
Experience: B.A.; M.B.A.; J.D.
Verified

It is likely that you would prevail in the case. That she is not going to get the amount that she is requesting and that the amount is most likely going to be drastically cut because of her failure to make the repairs in a reasonable time and her failure to use licensed contractors for the job.

Also, if she did not follow the procedures for retaining your security deposit, that is, returning the deposit to you with 21 days of your moving out of the apartment or giving you a reason for the retention, by law she must return the full deposit to you.

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Phillips Esq.
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Category: Landlord-Tenant
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Experience: B.A.; M.B.A.; J.D.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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