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Mold problem..what are my chances of winning in Small Claims court?

I went to my landlord after finding a severe mold infestation in the main bedroom closet, and they said "you can just wipe it down with mildew cleaner, and that it wasn't even a concern to them"..... and that they had to get something out of the remainder of our lease.

We agreed to pay him 1/2 of what was remaining on the lease NOT knowing that they couldn't lawfully charge us any more rent once the mold issue was brought to their attention until the problem was fixed.......We chose to break the lease and move into a cleaner and safer home. Landlord did not want to help solve the mold problem whatsoever, they were only concerned about getting money.

I have filed a lawsuit in small claims court to attempt to get my money back. It was $1,200. And I'm also asking for my security deposit back because i didn't damage the property in anyway. AND, the landlord has ALREADY rented the house to someone else. There's no way he has gotten rid of the mold, unless he just painted over it... haha. I have time/date stamped photos of the mold that i will take to court with me.... what's the chance that I can win this case?

3 Answers

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  • Dawns
    Lv 6
    1 decade ago
    Favorite Answer

    The mold issue is one thing, you have to give a landlord reasonable time to repair a problem, what is reasonable , who knows what a judge will say. The good news is if the house is rented, the landlord can not collect the rent twice. For example your lease agreement says you pay for November and the tenant living there now pays for November to the landlord and he accepts payment he is acknowledging that your lease is no longer valid. If your lease was valid and the present tenant should be paying you the rent to sub-lease of the apartment and you pay the landlord. No judge will allow the landlord to make you pay rent on an apartment that he has already collected the rent from someone else. Hope this helps.

  • Mac S
    Lv 7
    1 decade ago

    Your evidence amounts to pictures of the mold, your broken lease, and your new lease. All three items are linked. If you learned that you were not obligated to pay rent after the mold was discovered and after you'd paid it, or that you could pro-rate your rent until the problem was solved, you may have a chance at recouping some of your rent. If you did no damage you should be getting your SD back no matter what, possibly minus a small cleaning charge (common). Odds are so-so you'll win. Good luck.

  • 1 decade ago

    As long as you can prove that you asked him to have the mold treated (not just the photos) and that he refused and still took your money, you have a pretty good case.

    Source(s): experience
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