QUESTION

Can I sue landlord for property damages and health issue.

Asked on Sep 24th, 2017 on Landlord and Tenant Law - New York
More details to this question:
The main sewer line at my apartment busted which caused my basement to flood. It was not repaired and mold grew on my personal belongings. I have a bad dry cough and terrible headaches from the smell coming up from basement. I withheld my rent, it's been 4 months and I want to move with the money. But I also want to get paid for my possessions.
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2 ANSWERS

Landlord and Tenant Law Attorney serving New York, NY
You have the right to recover your damages and expenses from your landlord.
Answered on Sep 25th, 2017 at 2:06 PM

This response is for general informational purposes only. An attorney-client relationship is not being formed.

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Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
I'm handling a case very similar to this right now.  It sounds like you have a very good case for constructive eviction.  You can move, and get paid for your possessions, and you have a personal injury action too, provided you can document the mold condition, the damage to your property, and your physical symptoms. Take photos of all your belongings and the mold condition everywhere in your apartment, and take pictures in the basement, too. If you haven't already, go to the doctor. Demand that the landlord get a mold remediation company into your apartment IMMEDIATELY. In the case I am handling now, when the mold was tested the levels in the apartment were so high that the landlord insisted the tenant move out that same day, and the tenants were not allowed back into the apartment, because the environment was toxic.  Hire your own company to test, as well.  You can wait for your landlord to sue you for non-payment of rent and then counterclaim for all of the above, or you can start your own action. But act immediately. You could be living in a dangerous enviroment.
Answered on Sep 25th, 2017 at 8:09 AM

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