Now that we’ve moved out, canwe sue my landlord for damages?

UPDATED: Jan 24, 2012

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Now that we’ve moved out, canwe sue my landlord for damages?

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?

Asked on January 24, 2012 under Real Estate Law, Arkansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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