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Can I still Sue my landlord for mold after I moved out?

1 Answers. Asked on Dec 13th, 2012 on Landlord and Tenant Law - California
More details to this question:
I have photos and everything regarding the mold that we lived with. My family lived with it without knowing and when my son developed asma. Can I sue for back rent or anything like that?
Answers Showing 1 out of 1
Licenced in CA
Answered on Dec 17th, 2012 at 7:03 PM

First, you need a recognized basis for suing your landlord. You're not necessarily entitled to refund of rent just because the home had mold. You would have to sue based on personal injury or some other negligence claim, but that assumes that you even put the landlord on notice of the problem and he failed to correct it. If s/he had no notice of the problem, s/he is likely not even liable. Next, you have to be able to prove that the mold caused you and your family specific damages, and be able to prove that there is a monetary value to those damages. Finally, you would have to file suit and prove all of this at a trial. I suggest that you contact a local attorney immediately, as the statute of limitations on a claim such as this is very short, and has been running from the date on which you first discovered that you had mold and that it was causing you damage. You may have already blown the statute of limitations, so call a personal injury attorney or a real estate litigator immediately.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California

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