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I currently live in apartment that had water damage in

Customer Question
I currently live in...

I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and mildew growing inside the wall.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Does this constitute a breach of the lease. I'm in Michigan.

Lawyer's Assistant: Has anything been filed or reported?

I have not reported this yet as it was just discovered a few days ago. The damage is in the kitchen above the cabinets. I also do know that the contractor who repaired the drywall, did not do a good job and refused to remove a part of the wall that was still wet from the damage.

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

What are my rights as a tenant since my lease expires at the end of February. And is this a breach of the lease contract.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
1/9/2018
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 3 months ago
Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 300
Experience: Attorney At Law at SELF
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Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Real Estate Lawyer: Bruce Schreiber, Lawyer replied 3 months ago

The answer to your question as to a breach of contract depends upon two things:

1) The terms of the contract as to who is responsible for what repairs, Landlord or Tenant, Generally, damage of the type you describe is usually the Landlord's responsibility.

2) The degree to which the damage effects the habitability of the apartment. All leases include an implied Warranty of Habitability. While peeling paint probably effects habitability only minimally, mold or mildew is a different story. Have you had the place tested?

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Real Estate Lawyer: Bruce Schreiber, Lawyer replied 3 months ago

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