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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55314
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I recently moved into a free standing building in Franklin,

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I recently moved into a free standing building in Franklin, New Hampshire. I noticed a strange smell the day I moved in, so I rented a carpet shampooer, cleaned the walls and windows, etc. During the past week I have noticed mold growining on the ceiling, the walls and in and on the window sills. It rained hard and the rain poured in under the sill. I've notified the landlord and she has not gotten back to me. I want to get my deposit, my first month's rent and the money I spent moving in. The smell is now overwhelming and now my dogs are experienceing diarreah (sp) and some fur loss, I'm not feeling too great either. My options are slim and I don't know what to do.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You absolutely have recourse here and are entitled to the money you seek. With every rental comes the implied warranty of habitability, which includes the right to the safe, healthy, peaceful and quiet enjoyment of a tenant's rented premises. If there is a problem with mold, therefore putting your health in peril, then you are clearly not being afforded such enjoyment of the premises....and therefore the landlord has breached the implied warranty of habitability. This puts the landlord in default. You then have the right to send the landlord a certified, return receipt requested letter notifying the landlord of this default and to inform the landlord that you are terminating the lease immediately due to the default. You can terminate immediately without advance notice and are entitled to the full refund of the security deposit plus any rent while the property in not habitable, plus any damages suffered as a result of the default. If the landlord doesn't voluntarily pay you, file suit. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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