Anthony D Thompson’s Answers

Anthony D Thompson

San Diego Personal Injury Lawyer.

Contributor Level 8
  1. Tenant's rights against landlord for removal of mold

    Answered over 5 years ago.

    1. Anthony D Thompson
    1 lawyer answer

    This is fairly serious situation that may be putting you and your guests at risk for injury. You do not need a dehumidifier . You need to have an industrial hygienist come out and test the property at the landlord’s expense. Further, if you are suffering from personal injury you may be entitled to break your lease as the landlord has not provided you with a habitable residence and therefore has breached the contract. I would tell your landlord that you have sought legal advice and the...

    6 people marked this answer as helpful

  2. A mold consultant found toxic mold growing in my apartment what can I do

    Answered about 5 years ago.

    1. Anthony D Thompson
    1 lawyer answer

    First, you must attempt to salvage as many items as you can and have them remediated. Do not retain items that retain water as mold may grow on them and can be transferred to your next living environment. Take pictures of ALL damages items. Second, you should call your local code enforcement and have someone come to the property to document all code violations. Third, document your attempts to have the landlord remedy the situation. Also compile a list of names of people who might have...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  3. In CA, can my landlord require me to stay in my bedroom while she remediates a mold problem?

    Answered about 5 years ago.

    1. Brian Richard Dinday
    2. Jonathan H Levy
    3. Anthony D Thompson
    3 lawyer answers

    It really depends on the layout of your home and the work being done. IF proper containment is done the room should be safe. But, in my experience, proper containment is rarely ever done which could expose you to serious health issues. It is the proper practice for the landlord to pay for you stay while remediation occurs. Further, it sounds like it would be a great hardship for you to live outside the containment area. This should be justification alone for the landlord paying your...

    1 person marked this answer as helpful

  4. What can tenants do when landlord camps out on property and makes failed attempts at repairing a leaky roof?

    Answered over 4 years ago.

    1. Anthony D Thompson
    1 lawyer answer

    At this point, I think you have done all you can short of filing suit against him. There are a number of facts that I would need to know before advising you whether a suit is in your best interest. Do you have a mold report? How long have you lived at the property? Are you having any health problems?

  5. Landlord failed to disclose previous treatment for elevated levels of mold. Can we break our lease?

    Answered about 5 years ago.

    1. Anthony D Thompson
    2. Dennis Michael Phillips
    2 lawyer answers

    This is a very complicated situation. Generally, when the warranty of habitiability is broken, the landlord has breached the agreement. The duty to pay rent and the duty to provide a habitable residence are mutually dendent. In other words, if the landlord fails to provide a habitabile residence then the duty to pay rent is excused.

  6. Land lord repairs

    Answered over 5 years ago.

    1. Brian Richard Dinday
    2. Anthony D Thompson
    2 lawyer answers

    You must get out. While MOST mold will NOT have lasting effects, this is fairly serious situation that may be putting you and your guests at risk for injury. You do not need a dehumidifier . You need to have an industrial hygienist come out and test the property at the landlord’s expense. Further, if you are suffering from personal injury you may be entitled to break your lease as the landlord has not provided you with a habitable residence and therefore has breached the contract. I...

  7. Do i have rights to have the landlord hire a mold specialist after a major water leak that has yet to be fixed

    Answered over 5 years ago.

    1. Anthony D Thompson
    1 lawyer answer

    Absolutely. While you cannot force the landlord to get an inspection it would behoove you to request one because a denial would look very bad for him/her down the road especially if you experience allergic symptoms. In any event you want to have an industrial hygienist come out an inspect the property.