What can I do if my apartment complex had me living with mold and told me it was just a water stain/water damage?
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What can I do if my apartment complex had me living with mold and told me it was just a water stain/water damage?
I haven’t been in my apartment for a week, Upon moving in I was told that it was safe but I noticed that there was mold and a water stain in my bedroom wall, plus roaches and spiders.Then there was more water running down my walls and around my outlets. The maintenance manager for the complex kept saying it was just water stains and that I did not know what mold was. When they cut open my wall there was mold all in the wood.
Asked on March 21, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
All rental premises come with what is known as the "implied warranty of habitability"--or the requirement that the premises be fit for their intended purpose (e.g. residence). A serious mold condition, due to the possible health implications can violate this warranty. When it is violated, the tenant has several possible remedies: to seek monetary compensation for the time he/she has been living with the condition; to seek a court order requiring repair or remediation; to pay for repairs, then deduct the cost from rent; or to move out without penalty ("constructive eviction"). Since the consequences of taking action improperly could be significant--for example, if you move out without laying the groundwork or when the condition is not serious enough, you could find yourself liable for all the remaining rent due under the lease--you should consult with an attorney before doing anything. You have rights in this situation, but it's important to vindicate them properly.
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