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I have lived in my apt. for three years, since Feb. 2010, I…

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I have lived in my...
I have lived in my apt. for three years, since Feb. 2010, I started getting really sick. I just recently discovered that there is mold in the wall and carpet that is directly under my bedroom window, which has a window unit. There is an inch gap between the window unit and the window sill, so whenever it rains, the rain comes inside. I had my landlord take a look at it today and he is claiming that the mold is my fault because I did not clean the filter of the air conditioner and it has caused the mold. I have not used the window unit since August of 2009. I do not know what to do. Can I break my lease in order to preserve my health without retaliation from my landlord?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 4 hours by:
4/1/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 64,568
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Hello and thank you for your question. If you need more details after you read my answer, click reply (not relist) & I will gladly respond. what do you want to accomplish?
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Customer reply replied 8 years ago

I want to accomplish two things: I want to be able to live in an apartment that does not make me sick and I do not want to have to pay for something, I feel, is not my responsibility. I wish I could send you the pictures of the section that I am speaking about because when you see the gap in the window, then you would understand my thought process as to how the mold truely got there. The thing is, I had made arrangements to move into one of their larger apartments until they checked the mold. I feel as though they are trying to take advantage of me because other deals, people who decided not to rent from them at the last minute, have fallen through and they had lost money because of it. I am aware of this because my landlady was complaining about it to me before she sent her husband over to look at the mold. I want to be able to sleep in my bed peacefully, again. Can I move out without a 30 day notice because of the mold? Can they use the excuse of the 15 year old window unit, not being expertly cleaned by me, to make me pay for the mold damage when there is an inch gap that allows the elements into my bedroom?

Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
You can demand alternate housing, rent credit and release from the tenancy. You can have a lawyer make the demand and can go to court to have a judge order it.
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 64,568
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