Now that we've moved out, can we sue my landlord for damages?
Question Details:
We had a water leak when it rained and after 2 1/2 years of living there, he decided to fix it. However he had a change of heart and said he would not fix the leak while we were living there and if we continued to stay there, then we accepted full responsibility for any health issues our son may have. We feel that many of his health issues are possibly mold related due to the water leak. He never fixed the leak and has leased it again (upscale condo of 3000 ft2). Can we pursue damages against him or is it too late?
Landlord / Tenant Law Answers
If you have just vacated the rental that had water intrusion issues that the former landlord despite requests to repair by you never did, you can bring a lawsuit against the former landlord. From what you have written, the factual basis to bring a personal injury action against the former landlord does not seem to be time barred by your state's applicable statute of limitations.
However, to be sure as to the time period to file suit and the factual/legal basis for a possible lawsuit, I suggest that you consult with a personal injury attorney who has experience in landlord tenant relations.
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