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I have mold in my apartment. I can't get the facilities and…

Customer Question
I have mold in...

I have mold in my apartment. I can't get the facilities and apartment managers to test or do anything else. Bought my own test and it is positive, What rights do I have. I am new to Colorado and unsure what step I can take to resolve this. It is making my family sick.

Lawyer's Assistant: Has any paperwork been filed?

No. Just repeated visits by the maintenance and management. They won't admit that it is mold. Keep saying it is dirt.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No maam

Submitted: 5 months ago.Category: Real Estate Law
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1/8/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,401
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience.

This appears to be a violation of the implied warranty (promise) of habitability and if you are dealing with mold. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally 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 usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

What other questions did you have for me today?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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