Do I have a legal right to sue my apartment complex for medical bills and rent due to unhealthy living environment?

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Do I have a legal right to sue my apartment complex for medical bills and rent due to unhealthy living environment?

Been dealing with mold after flooding of apt 6 mos ago, not only has my son been sick, I just recently went to ER for an asthma attack. I didn’t have asthma prior to moving in. Living here has made me miss work, acquire medical bills and is causing me serious health issues. I have turned in my notice to vacate the property and was told I still had to pay them for 2 mos since I am breaking the lease. Just recently had another leak in the same place and they do not even want to come look at the water damage its caused. I want to make sure my apt is up to code.

Asked on August 27, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF the landlord was aware of the unhealthy conditions (for example: you provided notice of them) and failed to remediate or correct the  problem after a reasonable time, then it is possible the landlord would be liable for medical bills, pain and suffering, etc. Also, if you are being forced to leave because the apartment is uninhabitable, it may be that you do not owe any additional rent--indeed, you may even be entitled to a partial rent abatement (rebate) for the time that the rental unit was not safely inhabitable. You should consult with an attorney with landlord-tenant experience to discuss your situation in more depth.

 


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