My case is mold related, legal aid has been here the whole step with me and wants me to pursue further in my law suit. Where ive been living for the last 3 years is invested with mold all the apartments. My apartment to be exact was tested through legal aid because Ethernet apartment complex refused to do a test at the time. The mold company that came out and my apartment said it has three counts of mold penasillan , aspergillus, and etc.
My son and daughter live here with me and are suffering from headaches, and respiratory problems. I've went to the doctor fast track pediatric witch has written me a note signed and stamped saying yes I have came and complained numerous times about this. My son is having chest pains and headaches for the last year and I'm pretty sure it's from this . Prior to my last address they never had problems never. My apartment complex is a private landlord but gets money from HUD to help assist low income families like myself that's why I can't just pick up and leave. I have documents showing where I have complained and all they do is come bleach it. They offered me $859 to replace my beds but nothing eles
Sorry - but under the landlord tenant statute your remedy is to leave and you CAN leave, you just don't want to be inconvenienced.. If the property burned down, you would not be sitting in the burning embers claiming you can't leave. If you refuse to leave you simply damage your mold claim as you have an obligation to mitigate the harm, which, is only done by moving. This is critical as simple respiratory irritation from generalized mold are not sufficient damages to sue over from an injury perspective. You should see if HUD will review your mold assessors report and assist you in moving elsewhere.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
Why don't you call the Health Department and complain and show them a copy of the mold report. You also should be looking for a new apartment.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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