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My apartment complex is renovating the hallway floors. They…

Customer Question
My apartment complex is...

My apartment complex is renovating the hallway floors. They are using oil based paint and hazardous chemicals in non ventilated areas including titaniam dioxide. I got very ill, rashes, fever, chemical burns, sore throat, stomach the management told me to move and isn't offering me medical, lost wages, pain and suffering, and my cats too got ill chemical burns and we got arsenic poisoning high levels too.

Lawyer's Assistant: Just to clarify, are you working with a contractor?

I think the apartment complex is. I am a tenant getting more ill by the day

Lawyer's Assistant: Do you plan on doing the work yourself?

No

Lawyer's Assistant: Anything else we should know to help you best?

I also found out the paint becomes radio active when titaniam is mixed with dioxide. Is that illegal to cause radio active isotopes to expose tenants?

Submitted: 11 months ago.Category: Legal
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Answered in 6 hours by:
7/30/2017
Lawyer: Loren, Attorney replied 11 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,809
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

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Lawyer: Loren, Attorney replied 11 months ago

I am sorry to hear of the trouble your landlord is causing for you, but I believe I have information you will find useful.

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 causing health/safety issues and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to receive money damages for your injuries and 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 you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for remediation.

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Customer reply replied 11 months ago
how do I get them to give me alternative housing til I get my monies
Lawyer: Loren, Attorney replied 11 months ago

You would have to file suit if they refuse.

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Lawyer: Loren, Attorney replied 11 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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Thank you!

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Customer reply replied 11 months ago
Dear Loren,As of now they painted again in my hallway against 3 doctors recommendations. They won't reimburse me hotels that I had to stay at while they painted and even the flooring from first floor rises up and that made cats and me vomit.The manager said once I say I am moving out he will reimburse 7 days at $159 plus two thousand for a moving expense.Meanwhile how do I prove that they used oil based paint against all CA regulations and they used a product that is harsh chemicals meant to be used only OUTDOORS OR IN HIGHLY VENTILATED AREAS and my area has NO VENTILATION NO AIR no breeze NO NOTHING which is why colon all inflammed, cats ill, arsenic poisoning, chemical poisoning and now a hair analysis shows radiation. The other neighbors also sick ie skin infections, head pain fatigue won't acknowledge the connection with the flooring as management denies all. Says I am making unfounded concerns affecting 'the quiet enjoyment of other tenants." many have moved out quietly and not said anything just left.
Customer reply replied 11 months ago
my phone is charging and I am in a hotel. I'd love to see what you can write me now and in an hour I can call perhaps. is that doable?
Lawyer: Loren, Attorney replied 11 months ago
As I said, if you can not reach a settlement then you will have to sue. You can use the discovery process to get the records of what was being used. Take photos
Your own doctor can testify as to your supymptoms and the likely connection to the treatments of the floor and painting.
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