QUESTION
Is my landlord responsible for reimbursing me for my living expenses based on me being told to vacate the premises due to severe and toxic mold?
Asked on Feb 28th, 2017 on Landlord and Tenant Law - New York
More details to this question:
We have been out of our apartment for 2 monts. We were told by the MGMT that the mold is severe and that we should move out temporarily. All of our things had to be moved out by the mold specialists and we were reimbursed for the first two weeks by the MGMT. They then told us that they can no longer pay us and that the landlord would have to resume. I had to pay $1700 out of pocket so far and I will have to move again at the end of the week to another place. I need guidance. I am now paying like 3 rents while this is going on. I want to sue and recoup monies from loss of work, property damage, and back rent. The specialist claims that the mold has been there at least 8 months. We have only been there 6 months. Please advise..
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You can definitely sue your landlord for money damages for contructive eviction- or just stop paying your rent and wait for him to take you to court, where you can put in a counterclaim for money damages and a rent abatement. Obviously if you have renter's insurance you should have filed a claim with your own insurance company. If you sue your landlord he will contact his insurance company and you will certainly be reimbursed for your property damage (although not lost wages) that way. Make sure to save all the evidence you can, take good photos, find any receipts you may have for damaged goods, or at least work up good replacement estimates.
Answered on Feb 28th, 2017 at 6:09 PM