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I lived in an apartment in 2013 in Bay St Louis MS. I was on…

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I lived in an...

I lived in an apartment in 2013 in Bay St Louis MS. I was on a 12 month lease and did not sign a new one. I moved out. It was discovered that the complex had toxic drywall also know as Chinese drywall. Demolition was done on most of the complex at this time. I have a $5000 charge on my credit report from this complex for a clean up fee and late fees. I can not get any kind of phone response from the complex. I will be sending them a certified letter in the mail asking for a complete description of charges and damages. I really want to nail this place.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Mississippi

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It was so long ago I don't know off of the top of my head.... I am sure it was a standard lease..

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 15 minutes by:
5/30/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,094
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 2 months ago
I leased an apartment in 2012/2013 in Bay St Louis MS. I was on a 12 month lease and did not sign a new lease after the 12 months. It was discovered and made know to myself the other tenants and the community that the complex had toxic drywall also know as Chinese drywall. This drywall was used all over the southern gulf coast after Hurricane Katrina. During the time I lived in the apartment with the toxic drywall my then 16/17 year old daughter was exposed to the drywall, she had constant bloody noses, rashes, strange headaches and had an extensive hospital stay for an infection. I did not associate the hospital stay and her sickness together with the toxic drywall. All of these were sings and symptoms of being exposed to Chinese Drywall. Demolition was done on most of the complex at this time. Rather than renew my lease I chose to move out. I have recently discovered a $5000 charge on my credit report from this complex for a clean up fee and late fees. I cannot get any kind of phone response from the complex. I will be sending them a certified letter in the mail asking for a complete description of charges and damages. I am also in the process of disputing the charges with the three main credit companies. Rather than give that complex a dime I would rather hire an attorney.
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. I'm sorry to hear about that.

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair defects in the rental unit. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is an abatement of the rent. You could sue the landlord in court regarding this charge.

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Lawyer: Legal Eagle, Lawyer replied 2 months ago

It seems like there is a cause of action that you may have against this creditor. Under the Fair Debt Collection Practices Act at section 1692e, it is unlawful for a debt collector to say that you owe a balance when you do not. You may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA. Lawyers use letters like these on the regular basis to enforce their client’s rights.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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