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There is mold in my apartment. My landlord says she doesnt have to have it inspected for health reasons. is that legal?

Kansas City, MO |

I was out of town for a month. The neighbor above me had a leak that caused damage they fixed. but they did not fix the mold growing in m closet. All of my clothes have been ruined and the apartment wont pay for damages to clothes or a hotel nor will they have the apartment inspected for health conditions or let me out of my lease before 30 days.

Attorney Answers 2

Posted

With our without a lease in Missouri, long held case law under "King v Morehead" states that with your rights as a tenant is an "implied warranty of habitability." your landlord has breached that warranty, which entitles you to pay the rent into court until it's fixed and then get a reduction, or just move without liabilily. A letter from an attorney to the landlord setting this out may get you quick relief

This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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Posted

The language in your lease would be relevant. For example, does it state that Tenant shall have the right to quiet enjoyment and possession of the Premises? To establish a breach of a covenant of quiet enjoyment, evidence must be presented that shows that the lessee has been actually or constructively evicted from the leased premises. As noted by a Missouri appellate court on January 29, 2013 in G&J HOLDINGS, LLC v. SM PROPERTIES, LP, '"A constructive eviction occurs when the lessor, by wrongful conduct or by the omission of a duty placed upon him in the lease, substantially interferes with the lessee's beneficial enjoyment of the demised premises."

My comments are general in nature, are not legal advice as to your specific issue, and do not establish an attorney-client relationship. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of me. The exact nature of your legal situation will depend on many facts not known to me at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary. This statement is required by rule of the Supreme Court of Missouri.

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