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Answered in 9 minutes by:
10/19/2016
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 66,660
Experience: Attorney over 21 years, landlord 29 years
VerifiedHello 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.
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If the unit is illegal then he could move out and sue the landlord for any moving expenses that he incurs because of the move. The thing about an illegal unit is that while the landlord can't sue to collect rent on it, (because it is illegal and the courts won't enforce an illegal contract), the tenant can't sue the landlord for a refund of rent if they find out it is illegal and don't vacate within a fairly short time.
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So here, if son goes to the doctor and is diagnosed with toxic mold exposure, then he can hold the landlord liable for his damages and medical costs of any treatment. With that said, he would need to talk to a general civil litigation attorney who also handles personal injury cases because that way, he could sue her for his damages in moving and any damage to his personal property due to the mold and/or sewage as well as for any personal injury due to the toxic mold exposure. I don't see him being able to go after the employment angle because of their agreement for him to work in return for a reduced or zero rental rate each month. He worked and then was compensated in the form of a reduction or waiver of rent.
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 66,660
Experience: Attorney over 21 years, landlord 29 years
Verifiedbarristerinky and 87 other Landlord-Tenant Specialists are ready to help you
N Cal Atty, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,320
Experience: I've represented both landlords and tenants.
VerifiedNew Expert here, I need a few minutes to research this.
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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.
