Told landlord about Mold visible all over drywall bdrm ceiling in Aug. Because of health problems 6 weeks later had to call Health Department in Oct. Hired a 3rd party to test for Mold as recommended by Health Dept Inspector because landlord refused to test and give me results for Physician. Informed landlord. Sent landlord many emails about deducting cost of tests from Oct & Nov rent. When landlord said it would take 4 days--Nov 25 I stayed with family. It took a month b4 they cleared me to return on Dec 26th. Upon return I paid for remaining days of Dec rent. Afterwards, discovered landlord hired debt collector who sent letter while I was staying with family in another state. Paid Jan rent. Afterwards received a summons that I owe for 4 months rent. I paid Sep. Dec. and Jan.
Uninhabitability of a rental property is a defense to a claim for nonpayment of rent. When you go to court on the date scheduled for trial, after the landlord tells the judge how much you owe, you then will be asked to explain why you have not paid. That is when you will tell the judge that there was a serious habitability issue with the property and give him all of the details. If the judge agrees that you are entitled to an abatement of rent, he will determine how much, if anything, you owe. As long as you pay whatever you owe by 4:30 PM that day, either to the landlord or the court, the judgment of possession will be vacated and your tenancy can continue.
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