Ok, so we have had water leaks that the landlord failed to fix until weeks had passed and damage was done. Once taken care of (in feb 07) they never addressed the water damage, just the cause. Months passed by and we started having health problems, i brought these issues back up to the landlord and they pretty much mad fun of us. Well i paid to have a mold inspector come in and found out we have Stachybotrys (Black/Toxic mold and a lot as well as several others).
Well once they where presented with this info they basically said we where lying/wrong cause they have never had mold issues. Well i told him to look into what he's responsible for. He came back and after tellin us to move and good luck changed his tone once he talked to a property manager for advice and has offered to provide a hotel for us while they make the needed repairs. We will have the apartment reinspected after repairs to insure its livable, if safe move back in or move.
Do we have to pay rent during all this?
2007-11-14 15:21:21 · 11 answers · asked by i_hate_retail 2 in Business & Finance ➔ Renting & Real Estate
Yes. Other askers covered the potential monies you can receive from a lawsuit if you have provable physical or mental damage. I'd keep a copy of any additional expenses and hardship the move has caused like additional mileage/cost in your commute, doing laundry outside the apartment, etc. The property is also responsible for it and over a few weeks time, it can add up to hundreds.
2007-11-14 18:51:03 · answer #1 · answered by Legend 4 · 0⤊ 1⤋
In many states this would terminate the lease. I just had a tenant not say anything about a water heater that had been leaking for MONTHS. We set up dryers and they unplugged them and the floor buckled, ruined. I refunded the rent to them for the rest of the month and kicked them out of there, since the unit was no longer habitable. I was NOT obligated to find them another unit.
Usually, there is lease language or state law which states if the landlord can't maintain a habitable rental, the lease is over.
HOWEVER. He's putting you up in a Hotel. Nice. Does it have a kitchen? It sounds like HE is trying to do the right thing. I'd think the RIGHT thing for YOU to do would be to pay rent. You have a roof over your head and he MAY NOT BE OBLIGATED to provide you with alternate living quarters. Again, check your state law.
2007-11-17 02:58:52 · answer #2 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
Take the matter up with the local residential tenancy authority in your jurisdiction. Each place has different rules but, basically, landlord must provide reasonable, habitable premises. There may also be rules where you live about mold remediation and circs in which tenant can apply for breach of contract dmgs and so on. This is much easier than it sounds. The res office will know.
2016-05-23 05:36:08 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If the landlord is paying the hotel bill, then I believe the landlord is acting in good faith and is owed the rent.
However, the landlord may be liable to you for all of your medical expenses relating to health problems that the mold has caused. In addition, if you can prove you notified the landlord and the landlord failed to act immediately, he or she may also be liable for additional damages in court.
Regardless of any of this... Do not sign any new documents for the landlord without consulting an attorney first. Some landlords will try to get you to sign away your right to further compensation for just a fraction of what you could have gotten from them in court. CALL AN ATTORNEY.
2007-11-14 15:48:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Check your lease. If your landlord is paying the hotel room for you then you are probably still obligated. Your lease should have a clause to give him 30 days notice that you're moving because the place had mold. If your lease doesn't have a disclaimer for mold then you should be able to cancel the lease because of the mold and health issues. He can't come after you for the rent either because he won't want to admit to the judge that he is a slumlord. Take pictures of the place if you can just in case.
2007-11-14 15:35:35 · answer #5 · answered by Codys mom 5 · 0⤊ 1⤋
The reason why your landlord changed his tune is because he found out that he is liable for your health and medical expenses especially since you told him that you were getting sick and thought the cause was because of mold after neglected water leaks.
And yes, you still have to pay rent, but I would consult with a lawyer as well, just to protect your rights in case you get really sick in the future because of the mold.
Good luck.
Regards...
2007-11-14 15:47:30 · answer #6 · answered by Anonymous · 0⤊ 1⤋
First off, read your lease. It may well answer your question.
Typical language provides that if the premises is not habitable then you don't have to pay rent. Your landlord would also NOT be liable for your hotel bills; your renters insurance would cover that.
If your landlord isn't required to pay your hotel bills but is paying them anyway, you should reciprocate by paying the rent. That is only fair.
2007-11-14 15:45:42 · answer #7 · answered by Bostonian In MO 7 · 2⤊ 0⤋
If you want you can pay your rent into an escrow account. It can't be great living out of a hotel. Sonds like your landlord is like most other landlords, dont really care much just wants money on the 1st. Yeah, you still should pay your rent, just into an escrow account until repairs are finished.
2007-11-14 15:33:24 · answer #8 · answered by RedMan 4 · 0⤊ 1⤋
Most likely, yes. Be very careful with this situation and read your lease carefully. For nonpayment, your landlord could confiscate your possessions and lock you out of the home.
2007-11-14 16:11:59 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Yes, They are providing you with a place to live right? And fixing the problem?? Is it not obvious that they expect you to keep paying rent, they wouldn't put you up in another place if they didn't expect you to pay your monthy?
2007-11-14 15:39:58 · answer #10 · answered by meg b 3 · 0⤊ 0⤋