what ar my options?

UPDATED: Sep 30, 2022

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what ar my options?

I lived in a home that had mold. I am currently sick because of it. I had tested the mold and gave the results to the conservator of the home who did nothing about it. I recently came across the painters who painted the home a month or so before I moved in and they told me that a wall was supposto be knocked down and a new one was to be put up and instead of doing that, they were told just to paint over the wall. Not to even spray or treat it first, just paint over it. I am sick now. What are my options?

Asked on July 9, 2016 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Potentially, you could do one or more of the following:
1) Withhold rent until the problem is corrected, though if the landlord tries to evict you for not paying, you'd have to prove in court that the mold was so bad as to make the premises effectively uninhabitable.
2) Terminate the lease on the theory that you were "constructively evicted" due to lack of habitability--again, if the landlord tried to hold you to the lease, you'd have to prove that the situation was so unsafe that you had to leave.
3) Sue the landlord for your medical costs, lost wages, and *possibly* some amount for "pain and suffering" for being sickened by mold--you'd have to prove that the landlord caused or contributed the mold condition, or allowed it to continued, and it caused your illness.
You therefore have some options, but are strongly advised to consult with a landlord-tenant attoreny before pursuing any: the lawyer can evaluate the strength of your claim, advise you as to the documentation or evidence you'd need, also advise you as to the cost of taking legal action and odds of winning, and, if you decide to go forward, help you vindicate your rights.

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.

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