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counter suing landlord/tenant?
i lived in an apartment from august 2010 to november of 2011. my lease was from august 2010 to september of 2011. from september to november of 2011 i was on a month to month basis.
about february of 2011 mold began to grow on window seals and in bathroom ceiling. also under kitchen sink. Also the tiles inside of my shower began to break and mold was underneath them. i called my complex to come and fix the situation and they never came. since i had a infant living with me 3 days out of the week i was concerned and irritated with the fact they were not taking it seriously. i contacted the housing authority in my area and they sent me paperwork to give my complex. it stated that if all the issues were not fixed within 7 days i would be able to vacate without being responsible for not giving a 30 notice of leaving. they did "fix" the issues, so i thought. they also suggested that i buy a dehumidifier for the bathroom, because apparently the fan in my bathroom was not doing the job after showering. they also suggested to lower the temp on my heater. again, i had an infant in my home for 3 days 2 nights out of the week.
a few months later the mold came back, i noticed that the tiles in the bathroom that were falling out were never taken out, and they basically plastered on a hard plastic lining over the problem areas...
also what they used to "get rid" of the mold was a type of spray paint that they claimed killed the mold/mildew. at this time i cannot remember what the name was, but i do remember i researched it at the time and it is supposed to be used on drywall before applying the paint so that moisture doesn't get into the drywall. but they used it on top of paint.
anyways, i paid my rent in full on the the first of november 2011. I did not give a 30 day notice, but i did supply with more paperwork stating i was leaving bc they were unable to properly fix the mold/mildew and moved out. they did tell me that i was responsible for another 30 days of rent but i refused and still moved out. i recently received a letter from collections for over $1000 bc i did not give 30 day notice. which i obviously am disputing.
so my question is: if this continues to court, am i able to counter sue them for the inconvenience and/or the living conditions of my apartment?
i have proof of all my paperwork, and also pictures of the mold, both times it happened. i also do have proof that i did what they said by getting a de humidifier, i still have the receipt of purchase.
sorry this was so long..
6 Answers
- LandlordLv 78 years agoFavorite Answer
Don't you ever clean? This is a housekeeping problem.
If you counter sue you will need to show in the lease where maid service is to be provided by the landlord. You can only then sue for what you are out, either what you paid a maid or the cost of buying your own cleaning supplies.
Every dirty shower will grow mold, just like every clean one will not.
- LILLLv 78 years ago
Sounds like you really had simple mildew and not mold. Even if it was mold, there are over 2000 strains, wil only 2 considered harmful.
You can try to countersue, but unless you had the mold tested and possess a report of their findings, you are likely to get laughed out of the courtroom.
- A HunchLv 78 years ago
Can you countersue? Yes
Can you win? No.
1. you were on a month to month tenancy, it is was so bad why did you stay past Sept 2011
2. after the mold came back, it does not sound like you gave them an opportunity to fix it. If they didn't know it had grown back there is no way that they can fix it. Does not matter if it was not fixed properly the first time. They aren't mindreaders - they can't make something right if they don't know what is going on.
Pay the $1000 like you owe and next time keep your landlord informed.
- Cathi KLv 78 years ago
Bring all the paperwork with you. Most mold can be cleaned with bleach and water. Did you even do that?
- ?Lv 48 years ago
yes dispute it. You have the paperwork from the housing authority and photos and all other documents the judge should rule in your favor. There are free landlord tenant lawyers. You can usually find them threw a landlord/tenant web page for your state.
good luck
Source(s): apartment manager 15 years