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

Asked over 1 year ago - 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. Hans Albert Gillinger

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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... more
  2. Malosack Berjis

    Contributor Level 20

    4

    Lawyers agree

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

  3. Adrienne Patricia Allen

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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... more

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