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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30167
Experience:  Attorney
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You still have my 1st information. Yes.? My apartments

Customer Question

You still have my 1st information . Yes.?
My apartments kichen was full of Mold. I'd been in the hospital twice, etc. They first said I would be back into place in 5 days and would pay $125.00/night and $25.00 for food /day. I found the cheapest & safe hotels from I was out for 18 night. - huge mess for me & I moved 4 times to keep costs down. My total was $2,5??.00 (18 night x's $125.00 is $2,700.00. My total expenses were right at $2,5??.00. I saved then lots of money. So far they've only paid just under $1,4??.00. They've not responded to any communications. I'm allergic to mold (I started to tell you above.) I was SICK & on inhalers for 6/six months before it all began & i most likely will be on these inhalers for years. A full allergy at an allergist doctor showned the ONLY things that showed, were 2types of MOLD. I've been coughing since moving back in, I've not cooked (it was the kitchen area) and I've been sick since I returned in June: after the 18-days . I just found out, the wall area that they DidNot take out was
the area w/the most mold. IF I leave, I'll be releasing them from any liability in the future. This is so so wrong. And I don't have an attorney to even ask for him to take a fee after the court costs. (Consistency fee?) Where the attorney is paid a certain amount that was won.?)
I spent a ton of $$, I've not had my last $1,4??.00 returned.. Oh: I also must start using my Albuterol (electric) pump again.
I'm extremely upset and I'm 'Trapped.'
Thank you,
Teri *****(******)
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.


My name is ***** ***** I'd be happy to answer your questions today.

Expert:  Lucy, Esq. replied 11 months ago.

I'm sorry to hear about your situation.

Expert:  Lucy, Esq. replied 11 months ago.

First of all, you can sue in Small Claims Court for a refund of the monies you spent on a hotel while they remediated the mold. The agreement you have is, you pay $X per month and, in exchange, the landlord has to give you a place to live. If there is a problem with the unit that renders you unable to live there, then your landlord needs to pay to put you up somewhere. They can't decide to only pay part of it.
The state has forms and instructions online that you can use to open a case.

Since the mold is still not fixed, you may also have a right to damages based on the warranty of habitability. A tenant has a right to live in a place that's free from mold. If your landlord has been informed repeatedly of the problem and given a chance to fix it, then you can sue for damages caused by their failure to do so.

Expert:  Lucy, Esq. replied 11 months ago.

Moving out DOES NOT waive your rights. However, there are steps you have to follow, or you could wind up having to pay them rent until someone else moves in, and you don't want that. First, notice should be sent in writing. Then you have to give the landlord a reasonable time to make repairs (which you've already done). Then, you have to send another notice telling the landlord that you will be terminating the lease. It can help to send that notice via certified mail with return receipt requested, but it's not necessary if you're planning to move before they'll get the notice. You'll need pictures, video, and documentation of everything showing that the landlord breached the lease, forcing you to move.

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