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FamilyAttorney
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1506
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I want to take my landlord to court for housing me in a room

Customer Question

Hi, I want to take my landlord to court for housing me in a room that she knew has toxic mold in it... what do i do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: CA, San Francisco
JA: Has anything been filed or reported?
Customer: not by me, but she does have two lawsuits from other people that I don't know much about
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 9 months ago.
Category: Legal
Expert:  FamilyAttorney replied 9 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute, type your answer and then I’ll be right back.

Expert:  FamilyAttorney replied 9 months ago.

California doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention but in San Francisco, mold is considered a “public health nuisance” (like trash accumulation or a pest infestation), which means tenants have the right to sue their landlords for violating city nuisance laws if they fail to remove any “visible or otherwise demonstrable mold” located anywhere “in the interiors of any buildings.” (San Francisco Health Code § 581(a)(6).) If you can prove she knew about it when she rented to you -- such as there are other lawsuits against her for mold--you might be able to collect more money because that shows she knew about it and she rented it anyway.

California tenants who believe they have been harmed by high concentrations of mold in their apartment can try to recover damages from their landlord in court. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be liable for the harm she/he created.

Expert:  FamilyAttorney replied 9 months ago.

I suggest that you discuss this with a landlord-tenant attorney who can bring this case for you. It needs to be brought in a civil court for money damages. A landlord-tenant attorney (and you need a tenant's attorney, so you have to ask if they represent tenants) can prepare the case from start to finish and these types of attorneys are not as expensive as family lawyers or personal injury lawyers.

I can find lawyers for you if you'd like. We are not allowed to recommend any particular lawyer but what I do is send my customers a list and my free guide. The list of lawyers and the free, easy to read and short guide will help you pick lawyers whom other people think were great for their cases. My customers here have told me that they have found great lawyers from the information I provide, so please let me know if you want me to find lawyers for you.

Does this answer your question or do you need more information?

Expert:  FamilyAttorney replied 9 months ago.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

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Best of luck to you! Happy New Year! Thanks for rating me!

Expert:  FamilyAttorney replied 9 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

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