We moved in in November and did not test out the sprinklers or AC, and upon using them for the first time they needed repairs and now my landlord deducted from my deposit for repairs to the sprinklers and the AC. He is also deducting for a fan that stopped working in the hot tub room that we told him about several months before we moved out and he never fixed. He is also deducting for a leak in the kitchen sink that we informed him of about a month before we moved out. Can he legally withhold our money for these repairs? We did not cause any of the needed repairs. Our lease states that we are responsible for maintaining the property in good working condition which we did, but we don't feel it is our responsibility to make repairs to items broken before we even used them or items that break out of old age like the fan and the sink. Also we terminated our lease early because we find mold that had been making us and our baby sick. Can we recover our medical bills?
Based on the facts presented it does not appear that your landlord has the right to withhold for these charges.
Additionally, you may be able to recover damages for the mold. We'll need to be able to prove your claim, i.e. doctors reports and proof of harmful mold.
You should contact an attorney do help you with both of these issues. Most will offer a free consultation to discover the actual facts.
Good luck,
Don Eby
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