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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10022
Experience:  Just Answer consultant at Self employed
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There is mold in my apartment. I have been dealing with it

Customer Question

there is mold in my apartment. I have been dealing with it for several weeks. The tests have come back and the community manager is unwilling to share the findings, they just recommend moving out
JA: Where is the property located?
Customer: they will not pay for my moving out nor will they accommodate an equal or better apartment. it is Center point in Beaverton Oregon
JA: Has any paperwork been filed?
Customer: no paperwork filed...what kind of paperwork filed?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Actually the apartment is my daughters and it is her first apartment, they moved it in January and I feel they are taking advantage of her youth
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction". The tenant can sue for moving costs and the difference in rent between the current rent and the new rent; they can also sue for any health issues resulting from the mold.
During the process of litigation one can use discovery to request the production of the test results.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html