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Anthony D Thompson

Anthony Thompson’s Answers

7 total

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

    We moved into a home with issues that render it legally inhabitable (leaky roof, mold and rodent infestation). Our landlord hid these issues, denies that they exist and has refused to erradicate the problems even when presented with physical evide...

    Anthony’s 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?

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

    I have achronic mold allergy and our rental agreement states home was never treated for mold problem which we have now found out is false. There is a small stain and area of mold I discovered today inside a closet, and when talking to my neighbor ...

    Anthony’s Answer

    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.

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

    There is mold in the large window of my room (not my fault - leak issue from roof) and neighboring apt building had bad leak that damaged our building. My wall is bulging and a mold inspector came in to test. there is mold in the wall. My landl...

    Anthony’s Answer

    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 expenses.

    You should make sure that the unit passes clearance testing after the work is done. 90% of the time the work is not proper and mold is still present.

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

    Samples were collected and a mold report was done along with a reccomendation that we evacuate. An engineer stated that Mold was due directly to water runoff ponding behind my apt walls. All my possesions stored on the floor were soaked and now co...

    Anthony’s 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 know about the water damage and/or mold prior to your tenancy.

    Fourth, take pictures of all water and mold at the property.

    Fifth, if you are exhibiting symptoms while living at the home you must see a specialized doctor including, but not limited to, an allergist, toxicologist and/or pulmonologist (depending on your symptoms).

    Finally, call an attorney who specializes in mold/toxic tort litigation. These cases are extremely complicated and must be worked up in the proper way.

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  • Land lord repairs

    Sueing for mold in my apartment and late doing reparis.

    Anthony’s Answer

    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 would tell your landlord that you have sought legal advice and the property remedy is to remediate (and pay for your lodging) or allow you to move (and pay for your moving expenses).

    The landlord has the absolute duty to provide you with a habitable and nuisance free residence.

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  • Tenant's rights against landlord for removal of mold

    I just moved in to this house two months ago and there is mold grow in my living room it has destroyed my couch and the land lord says that i need to buy a $250 dehumitifier to fix the problem, i can't afford it what do i do?

    Anthony’s 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 property remedy is to remediate (and pay for your lodging) or allow you to move (and pay for your moving expenses).

    The landlord has the absolute duty to provide you with a habitable and nuisance free residence.

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

    do i have rights to have the landlord hire a mold specialist after a major water leak that has yet to be fixed?

    Anthony’s 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.

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