What to do if in my apartment the windows have an excessive amount of condensation on them?

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What to do if in my apartment the windows have an excessive amount of condensation on them?

Not only is this causing mild around the windows but my expensive curtains have now been ruined and I am concerned about the moisture. I have been experiencing more health problems since moving into this apartment (I have asthma and severe allergies). Is my apartment company responsible for fixing this issue/providing a dehumidifier/reimbursing me for my curtains?

Asked on December 30, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have provided your landlord of notice of the problem, AND this is a condition they could correct or fix, AND they have failed do so despite notice and a reasonable opportunity to do so, then they may be responsible for the cost of you damaged curtains--though if they refuse to pay, you'd have to sue them (such as in small claims court) to try to recover the money.

If the above factors are true AND also it is the case that the mold conditions are such as to affect the average person and impair the habitability of your rental unit, then it may be the case that you are entitled to some monetary compensation for living with impaired habitability as well (or the cost of a de-humidifier, etc.). Note, however, that it must be the average person--that is, one who does not have asthma and severe allergies--who would be affected; the law requires landlords to not impair the habitability of their units for the average or typical person, but does not hold them to the standard of protecting much more sensitive or susceptible individuals.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given tha facts that you have written about I would ask the landlord in writing to remedy the situation and if he or she does not within a reasonable amount of time have the local health department come in and inspect the rental. If the landlord is cited then he or she will have to make prompt repairs.


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