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Can we sue our landlord after he has sued us for back rent?

Modesto, CA |

The reason we with held rent was because of the toxic black mold we tested with a home test, and a few other things he did fix right or he didn't fix at all.

Attorney Answers 3


  1. I've added a "Landlord / Tenant" tag to your post for more exposure. Best of luck to you.


  2. You may bring your own action against the landlord on the theory that the toxic mold and other broken items denied you your implied warranty of habitability. You must show that these matters actually prevented you from use of the property for this type of claim. If you prevail, essentially a set-off will occur between the value of rent for periods you were denied posession (not habitable) and the total amout of back rent owed by you. Good luck!

    This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Of Counsel Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: hans@bonniezyates.com web: bonniezyates.com


  3. You can also sue the landlord for any personal injuries suffered as a result of the black mold. You woulwant to consult with a personal injury attorney if so, since mold cases are difficult to prove. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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