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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 10 months ago

Can i win my eviction case against my landlord?

Since moving into the apartment complex i live in now i have had nothing but problems. I moved there in May and had water leaks, broken appliances, stove not working, outlets not working etc. The landlord never got any of these issues fixed. About a week after move in i noticed black mold all over the walls as a result of the water leaking, they never got that taken care of. Because of the mold i am staying in a hotel and i refused to pay rent until its removed. They filed an eviction notice against me and i appealed it. I have pictures of the mold and i also have pictures of the 4 inches of water all over my apartment floors to show the judge, also i have emails between me and the landlord and them refusing to fix it

6 Answers

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  • 10 months ago

    The question is ... WHY do you want to stay in such a place? You should sue him for unliveable conditions (to return part or all of your rent money and deposit back, plus moving expenses)

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  • 10 months ago

    The majority of mold is mildew and harmless, cleaned with a simple solution of water a bleach.

    Had you continued to pay rent, you would have been in the right...taking them to court for a violation of the lease. Instead, they can prove you haven't paid...so they will likely win the eviction case, regardless of the maintenance issues...

    I would file a court action now for their violation of the lease...

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  • 10 months ago

    You went about this the wrong way and is resulting in eviction. Do you have repair requests in writing? If properly requested repairs aren't done then you have to take the landlord to court for a breach of the lease. Have you had the mold checked? Most molds are harmless and can be cleaned up with bleach and water.

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  • Eva
    Lv 7
    10 months ago

    Sounds like you have a good case. You could have gotten code enforcement involved long before this.

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  • Anonymous
    10 months ago

    Are you trying to stay there? You make the place sound like a roach motel, so why would you want to stay?

    If you're trying to prove that the landlord is a slumlord, you need to have receipts and time-stamped evidence. If you emailed the pictures to your landlord, that helps. It shows that you gave him/her notice of these issues and they're still a problem after so long of inattentiveness.

    HOWEVER....

    If you have not been paying your rent, you may be evicted for non-payment. In most states, should a landlord fail to remedy dangerous living conditions, the tenant should take them to court. A judge will collect the rent until the landlord remedies the issues with the unit.

    Remember, non-payment is a separate issue from the maintenance by the landlord. The judge will look at your case and see the non-payment as grounds for eviction and may rule against you.

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  • DEBS
    Lv 7
    10 months ago

    It's likely you didn't follow the proper process in withholding rent per your state laws. That is the basis for eviction. Separately, you have a case to attempt to get out of the lease. Hopefully a judge looks at this in total and doesn't grant the eviction based solely on non-payment. His hands may be tied though if you don't counter sue to terminate the lease based on the grounds you mentioned.

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