What can I do if my apartment complex had me living with mold and told me it was just a water stain/water damage?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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