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I moved into my apartment (I didnt have my stuff, thank God)

I moved into my apartment...
I moved into my apartment (I didn't have my stuff, thank God) and was there only 5 hours the first night had a severe asthma attack, left at 12:30am and slept at a family member house. I went to the doc the next morning, he gave me predinosone and an inhaler. That same day they gave me a new apartment and I moved in 3 days later. I continued to have breathing problems and was coughing and then developed sever headaches and can't sleep through the night. I took 2 trips to New York and while in New York, the breathing and coughing got a little better.
As soon as I returned to my apartment, it got worse and is increasing to get worse every day. Went back to the doc, he gave me a prescription cough medicine, told me to keep using the inhaler and see an allergist. At this point I am now suspecting mold in the apartment. So I purchased a in home kit and it came up positive. Saw Allergist, gave me all kinds of tests, I'm allergic to lots of molds. He has suggested if the apartment can not be cleaned up so I can live there, that I should move.
I am not confident AT ALL that they can fix the problem as this is the second apartment they put me in and I'm sicker than ever. I have also googled this apartment complex and they have had issues with mold with other tenants.
I have done some other searching, etc. and it looks like I have a good reason to be able to terminate my lease, with no further obligation or penalties and possibly even get the management company to pay for my moving costs, lodging (cause I can't stay here) till I get another place (which I think I already found one) etc.
I'm not trying to be "the lawyer", just did some research and spoke to some people. I have prepared a letter with photos, etc. and am prepared to give it to them tomorrow morning. I have not contacted the board of health yet, but I will if they don't "do the right thing".
Do you have any suggestions for me? Am I on the right track? Do I have a chance??
thanks so much.
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Answered in 2 minutes by:
12/1/2010
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,873
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good evening. With every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of your rented premises. You are clearly not being afforded such enjoyment of your premises due to your air quality...and therefore the landlord is breaching the implied warranty of habitability. This puts the landlord in default. You should send the landlord a certified, return receipt requested letter notifying the landlord of this default and demanding that the situation be remedied immediately. Inform the landlord that otherwise you will terminate your lease due to the default effective as of a specified date. Demand that your security deposit be refunded in full and that you will be making a determination and providing notification shortly of any damages you have suffered as a result of the default.

 

 

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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,873
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
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Customer reply replied 7 years ago

Thank you so much, hopefully they will do the right thing.

Either way, I'm leaving tomorrow as I can't breathe in here.

Whatever happens monetarily, I'll have to deal with, but I think I've done good research and have most of my facts together.

Have a great evening.

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Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,873
55,873 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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