Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I live in a condo that has had a leak in the roof for the

Customer Question
past year and half. The...
I live in a condo that has had a leak in the roof for the past year and half. The landlord refused to fix the problem because she felt that property management was responsible. Property management felt that she was responsible. In the meantime, the stains on the ceiling over the course of the year and half got worse and worse. I hired a private mold company to come and test for mold and it came back positive for black mold being airborne. i then contacted the local Board of Health and the landlord was cited for the condo being not habitable and for violating State Sanitary Codes. The day after I called the Board of Health, she came by and ended my lease.
I did research online and wrote her a 30 day demand letter asking for the rent that I paid for the last year to be reimbursed to me in the amount of 12,800. She has since come by and offered me a settlement of 8,000. Should I take this? Clearly she knows she is in the wrong or she would not offer me a settlement. Should I counteroffer?
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 6 minutes by:
8/7/2016
Lawyer: barristerinky, Attorney replied 1 year ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,512
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
She has violated State Sanitary Codes with two citations. She retaliated against me, which is illegal. She refused to make repairs after being aware of them. She breached the warranty of habitability. She violated my right to a quiet enjoyment, as well as her negligence in keeping the property in good condition. I feel that 8,000 is insulting. I am a single mom and had to find a place to live with two little children on Cape Cod in the middle of the summer. She clearly didn't care about that either. I have been an excellent tenant for over two years and have never had any problems other than this.
Customer reply replied 1 year ago
I am paying 8,000 to relocate out of my pocket that I wasn't planning on spending the last month of summer. As well as the 1000 I paid for mold testing.
Lawyer: barristerinky, Attorney replied 1 year ago

Can you tell me what your basis is in asking for a full year's rent as damages?

.

Has the mold problem existed that long?

.

Have you or your children suffered any health or medical problems?

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
She has been aware of the problem for a year a half and after looking up online it was to my understanding that I could be reimbursed through court for any rent I have paid since she became aware of the problem. I figured 1 year was being polite instead of asking for a year and half.
Customer reply replied 1 year ago
We all have had health issues, such as rashes and upper respiratory issues. I never knew the reason why until now.
Customer reply replied 1 year ago
I honestly thought 12,800 was low considering the circumstances.
Customer reply replied 1 year ago
Actually I only asked for the past 8 months of rent
Lawyer: barristerinky, Attorney replied 1 year ago

Ok, I thought you might have been looking at the retaliation laws which make the landlord liable for up to 3 month's rent and attorney fees.

.

The problem I see here if you go to court on this is that you notified her about the problem, but then you continued to live there for a year and a half more until you took formal action. The judge is going to ask you if the property was uninhabitable, then why did you stay for 1.5 years before finally moving.

.

So your response will have to be that you had no idea that the mold was that dangerous to your health and as soon as you found out, you did take action to move as quickly as possible.

.

With that said, if the property has been uninhabitable for 1.5 years and you are just asking for 1 year's rent as compensation, that is likely a cheap deal for the landlord. If you got a personal injury attorney and sued her for negligetnce for subjecting you and your children to those conditions, you could end up with quite a bit more because after a certain point, her negligence turns into gross negligence and increases your potential damages because it shows a careless disregard for your and your children's health and safety..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
That is why I have stayed here. I wasn't aware of the mold issue until two months ago. So should I accept her offer or should I stick with what I was asking for? I don't have the money to go to court nor the energy as I am in the middle of a divorce. Should I say 10,000? I just don't know what my reasoning would be.
Lawyer: barristerinky, Attorney replied 1 year ago

I think you might mention to her that your final offer is 10K and you have an appointment next week to meet with a couple personal injury attorneys so your offer to settle won't go down once you talk to them and decide on an attorney..

.

That should scare the bejeesus out of her and get her to settle so you don't have to hire an attorney to sue her... This isn't a slam dunk of a case so a personal injury attorney might not agree to take the case on a contingency fee basis and may want a retainer up front..

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,512
39,512 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

39,512 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Im. I am a renter and the apt has horrible mold, the kitchen
I am a renter and the apt has horrible mold, the kitchen ceiling fell in and it took them a month to fix it. Do I have to pay full rent in those conditions? Can I break my lease since this is the 4th time the ceilings have fallen in? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
My son paid a pet deposit and pays a monthly pet fee for one
My son paid a pet deposit and pays a monthly pet fee for one small dog. The apartment manager said she Will not renew his lease unless he fixes some small damage to the the carpet and has the carpet c… read more
barristerinky
barristerinky
Attorney
39,512 satisfied customers
How can the fire inspector kick me out of my house? The
Okay, so how can the fire inspector kick me out of my house? The police are no help, it got to the point that I called the mayor and he was very interested in what was going on. As I have had tenants … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Afriend of mine, a 55 year old woman has been living in her
Afriend of mine, a 55 year old woman has been living in her moter's home since infancy. She has been a care giver for her mother, who is 89 years old. Three other siblings have taken the mother withou… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
90% of my tenants owe me back rent, plus I have a lot of
Okay, 90% of my tenants owe me back rent, plus I have a lot of judgments on ones that didn't pay and moved out after being evicted for non payment it is an astonishing amount of money, the utilities a… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
Is it legal that my landlord find someone to paint my
Is it legal that my landlord find someone to paint my apartment. Which is smells really bad… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Can a residential tenant breach or abandon a lease agreement
Can a residential tenant breach or abandon a lease agreement where the landlord fails to provide adequate lighting or adequate safety measures after reports of violence and sexual assault?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Sorry my iPad did died* Do you want me to repeat the
Sorry my iPad did died* Do you want me to repeat the sitution … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am renting a house, and over the last 1-2 months because
i am renting a house, and over the last 1-2 months because of the cold the heater in the house wont heat the house appropriately … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
The electricity has been cut off at the house i am renting
the electricity has been cut off at the house i am renting since the day i moved in, when i called the power company they told me hat my landlord had to be the one to have it cut on and his past bill … read more
barristerinky
barristerinky
Attorney
39,512 satisfied customers
Can I sue my stepdaughter for unpaid rent? I didn't think
Can I sue my stepdaughter for unpaid rent? I didn't think so. she is not paying rent but purchased a car that is equal to mine and her mothers combined. … read more
barristerinky
barristerinky
Attorney
39,512 satisfied customers
We signed a LOI followed by a contract for commercial
Hi. We signed a LOI followed by a contract for commercial construction of an office space. The LOI clearly stated that architectural and engineering work were included in the global bill while the con… read more
Lori
Lori
Juris Doctor
281 satisfied customers
My 19 yr old daughter signed a lease for a year in July 2017
My 19 yr old daughter signed a lease for a year in July 2017 and lives with 2 other roommates in a joint lease. After living with them, she found out one is a drug dealer and they smoke pot all the ti… read more
barristerinky
barristerinky
Attorney
39,512 satisfied customers
I was hospitalized for a month in 2012 my parents cleared
I was hospitalized for a month in 2012 my parents cleared out my apartment and explained the situation to complex who accelerated my lease, filed for eviction and received a judgment against me all be… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
My daughters rented a house with 2 other girls. Tx. The
The oldest graduated and her sister was not going to stay if her sister left, the landlord was told when the graduation came they were going to move out early. The landlord also was in the girls rooms as they got home unannounced several times and just hung around which made them nervous. They found mice and roaches and called the landlord he did get an exterminator over once but did not take care of issue. There were only to be the 4 girls in the house, he closed in a room separate to the remaining house and moved in a man that also made the girls nervous but the utility bills did not change. They had other people attempt to reach the landlord to rent as per rental agreement he would not take calls. He has rented out since. They received a certified letter only typed from him requiring the tensing portion of the lease in full. What are their rights and need to do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I was a resident in New York City for 40+ years. I left New
I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and my daughter live… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
79 satisfied customers
I live in FL and my lease had ended. I lived at the
I live in FL and my lease had ended. I lived at the apartment complex for appro six months after the lease ended, and was going month to month. I never agreed to a new lease, and after four months of … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Our apartment heater is not functioning and we requested
Our apartment heater is not functioning and we requested that it be repaired nearly 2 months ago. The management company has repeatedly stalled on this and still has not fixed the problem, despite it … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x