Can I get money back because of having to move due to my apartment flooding and resulting mold?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get money back because of having to move due to my apartment flooding and resulting mold?

I recently moved into a new apartment complex. The old apartment was flooded twice while I lived there and once 4 months before I moved in. I had to call maintenance to take care of mold 3 or more times. They would not move me and insisted there was no mold problem. My allergies acted up the day I moved in. They know about the plumbing problems (polybutylene) and do nothing to fix them except patch it. I feel as though the units are unfit to live in, if water leaks are expected and “normal” to them. I am financially struggling because of the move. Can I get some or all of my money from them?

Asked on August 3, 2011 Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states there are laws requiring safe and habitable conditons to be provided tenants of rented units by landlords. When you leased your apartment, you had an expectation that you would be living in decent conditions without fears of water intrusion and resulting mold conditions that affect your health.

You are not receiving in return what you expected to be paying for on a monthly basis. If the conditions of your apartment and complex are as bad as you describe, you should be able to terminate your lease and possibly get a refund of some of the rent you paid for the substandard conditions you are living in.

You should contact your local permit and building department and request an inspection of the complex and your unit. If the complex and your unit are cited for deficient conditions needing correction, you will be in good shape to advise your landlord in writing that you are terminating your lease as the result of these conditions.

Good luck.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption