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My mother in law,84, lives in an apt in Palmyra, NY. She had…

Customer Question
My mother in law,84...

My mother in law,84, lives in an apt in Palmyra, NY. She had mold growing in her house and we had it checked and it is positive for 2 molds that may become harmful. Her lease is do to be signed by

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Thursday. It will cost the landlord about $2500+/- to have it professionally cleaned. The have talked with the guy who did the mold check and know the count is dangerously high. They tried to correct it with an undersized dehumidifier which she has to empty 2 times per day. It is way too heavy for her. If they clean and buy the right dehumidifier then she can stay put, which she prefers. Other places are unaffordable on a fixed income. but she does not want to sign lease without this being rectified. They say theyll let her out but it is a 5 page lease hard for her to decipher. Any advice would be appreciated!

Lawyer's Assistant: Has any paperwork been filed?

As far as what? They inspecter made the landlord aware of the problem with a repot.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, she is 84 post open heart surgery and this is tearing her up. Landlord said verbally she could get out of it, but now on vacation till monday

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
10/3/2017
Lawyer: Loren, Lawyer replied 10 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,286
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Lawyer: Loren, Lawyer replied 10 months ago

I am sorry to hear of your mother's trouble.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then she can sue for breach. In the course of the suit she may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and she is forced to move out.

She still has to sue and the risk is that the court finds the premises WAS habitable and she ends up being liable for breach.

Make sure you have photos and a written record of the damages and her requests for repairs.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Lawyer: Loren, Lawyer replied 10 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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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.

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