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

UPDATED: Aug 3, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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