Is this a case in which I should sue?

Question

TRUE STORY!!!
I told my landlord 2months ago that I had constant water in my cabinets under the kitchen sink. I said that it was the water from washing the dishes,etc. going through thesmall opening. I told him that maybe it was something else because that water is there wether I was dishes or not. Yesterday I was sitting on the sofa. I looked in the kitchen and I saw a mushroom. I took a double look and it was five mushrooms ranging from very little to medium. There was also this cabinet length line of fungus that loos like a shaggey brow rug attached. It connect form the cabinet to the small space on the side of my range. By this morning the things have grown over 2-3 inches. I threw away everything that was in the cabinets contacted him and called the board of health. I have one infant and a 7 & 6 year old isn't that hazardious? please someone give me some advice. I took pics of this that is why I asked the question about the camera.

Answer 1

This so-called landlord of yours has a duty, which is to maintain a livable living space. It sounds like you definitely have a case here. In the meantime I would try to get out of there as soon as possible for the kids' sake. Make sure you document everything. Your phone- call records to the landlord and hold on to anything written. Those pictures will definitely come in handy. Such irresponsible landlords have to be taught a lesson. If you don't sue, somebody else will go through what you are going through. He will probably patch it up himself to save money, just good enough for a couple of days to hold until the next tenants have moved in. Go for it girl....civil courage is so important in such cases like this. Someone has to bring attention to this. Why not you?

Answer 2

First put a formal request into your landlord via registrad mail to have the problem fixed. If you do not get a responce in 3 days call your state health inspector they have to send someone out. My friend had them come out when her apartment had constant water flooding the front room to the point mold was growing on the surface of the carpet and the landlord was doing nothing. She reported him to the state and the landlord had to address the problem or risk having the building shut down. Once you have pics and the situation is reported to the state if it is not fixed, find a new apartment and inform your landlord in writing of your moving date and why. Leave and make your landlord take you to court. If you go through those steps to show that the landlord will not fix structural problems and the apartment does not meet state health codes he'd be a fool to take you to court. You should be able to complete the whole process in a month or less. Be sure to read your lease and make sure there are no time limits on fixing certain problems. For example my friend with the carpet problem it says in her lease that they have to address plumbing, heating, and air conditioning complaints within 48 hours. It could speed up your process.

Good luck!

Answer 3

I recently had this same problem. You have 2 options. This is worthy cause to vacate immediately. It's considered a termination of your lease. Or, the Landlord has to pay for you to stay in a hotel starting today until the day the project is complete. He'll have to gut your entire kitchen and replace everything. Mold is a serious issue! It is absolutely a health hazard! He was 100% in the wrong to ignore your request for the leak to be fixed. You can even charge him back rent from the day you first told him of the problem. From that day forward the premises was considered "unlivable conditions." That was a fantastic idea to take pictures. Also keep a log of everytime you've called him and/or he's stopped by. If there's anything else I can help you with, email me! Good luck!

Answer 4

You can only sue if you or your children became sick as a result of the fungus. Technically the landlord has a time period to correct a hazzardous situation depending on your local tenant laws. The threat of danger is not enough to sue. You can only sue if you have suffered damages. In the case of your items in the cabinet, thats what renter's insurance is for. In most instances there is a clause in your lease that frees the landlord from any liability of damages in the event that there is a defect in the property causing you to lose items or valueables.

Answer 5

Probably not a case for a lawyer yet. You've done the right thing calling the authorities (housing may be another agency, depending on your area). They will require that he remedy the situation or they can condemn the apartment or building. Of course, this would not be good news for you...so if he doesn't take action before the deadline, call the housing authorities and ask what your recourse is...if they don't or can't tell you, contact a lawyer that specializes in tenant/landlord law.

Answer 6

You only sue as a last resort. Right now, you're at the point where your landlord should be replacing the cabinetry and eliminating the source of the water. It's only when the landlord refuses to fix the problem or offer you an alternative or recompense you that you should sue.

Answer 7

Fungus is a very serious thing. The whole apartment can be closed down because of this it's a health risk. Consult a lawer you may not sue but they will either fix it or find you a new place a residence

Answer 8

Exactly what would you sue for? Is anyone sick? If not, there's nothing to sue about.

You can give him notice that if he doesn't fix it, you will be moving and you don't expect him to try to hold you to your lease. You may have a case for the health board, but of course you would have to find another place anyway if they shut the building down.

Yes, keep the pictures if you want to move, but unless someone is ill, keeping them for later lawsuits will simply bring up the question of why you didn't move before they got sick if you suspected it might be a health hazard.

Answer 9

Yes But Your Landlord Might Put The Blame On You. So Beware.

Answer 10

omg he needs to get his a** in gear certain types of Fungas or fungi are very very harmful not to mention the fact that he has let it get so bad that you got shrooms growing in your kitchen I would call a lawyer or call the health department back and ask them what I should do. He is a Neglectful landlord. Good luck :)