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I live in Kentucky. I moved into an apartment in August of 2013. In July of 2014, I had a bad problem with my plumbing in the apartment. My toilet began to overflow large amounts of water. The toilet did this all by itself without me having to flush. There was so much water that it flooded nearly half of the apartment with filthy toilet water and raw sewage from the toilet bowl. (Before the toilet malfunction, I had a problem with dirty bath water from an upstairs apartment coming up through the drain in my bathtub and filling it with dirty water.) I called the landlord and he sent a plumber to fix the plumbing problem with the toilet. However, after the plumbers fixed the toilet, my carpet was still drenched with toilet water. I volunteered to clean up the water with my wet/dry vacuum and my landlord consented and took no further action. Several months later the same toilet problem occurred again. Again, the landlord sent a plumber to fix the toilet; but this time I asked him to clean up my dirty, flooded carpet. He said he wasn't feeling well at the time and asked me to do it instead. I complied, and the landlord took no further action.
A few months afterwards, in October of 2015, I started having a mold problem. I smelled a moldy odor in my apartment and various belongings became covered in a green mold, but the mold would only appear in areas where the flood waters had spread to. I called the landlord about it and he sent a specialist to inspect the mold. He looked for mold in the walls but said he couldn't find any mold there. I told him that the mold appeared to be coming from the floor. Eventually, the specialist pulled up the carpet and disinfected the floor underneath. He told me that he found a large amount of mold underneath the carpet but managed to kill all of it.
In April of 2016, I was at work one day and had a sudden difficulty breathing, even though I have no history of asthma or breathing problems. I went to an emergency room and it was suggested that I was suffering from acute bronchitis. I incurred a hospital bill of about $1,200 and also paid for antibiotics and an asthma inhaler, which amounted to $57. At this time, I did not notice any mold in my apartment. However, in August of 2016, I began having serious breathing problems again which seemed to intensify the longer I stayed in my apartment, but I was unsure as to the cause. Shortly after, I began to smell a moldy odor in my apartment. I called the landlord and he sent the same mold specialist to inspect the apartment. This time, the specialist claims he did not notice any mold. Later, the landlord offered to pull up the carpet and disinfect the floor again but I decided it was safer to just move out, which I did at the end of September. My landlord did not return my security deposit because I failed to give 30 days notice before my departure.
Ever since I moved out, I have had to throw out some of my belongings that had visible mold on them, and almost all of my property has a moldy smell on it. But more importantly, my respiratory health has seriously deteriorated. I have had serious breathing trouble, and have had to use my asthma inhaler on a daily basis. I have also been taking various dietary, herbal and therapeutic methods to purge my lungs of the mold. I have improved since I moved out of the apartment but am still suffering. I have also had to dispose of some of my belongings that have mold spores on them and I may have to dispose of many more of them.
I believe my landlord is exclusively responsible for the mold that appeared in my apartment because of his negligence. I have done some research on what to do when there is a flooding in a building, and I have learned that in such a situation it is necessary to immediately pull up the carpet and the carpet pad underneath and to allow the floor to thoroughly dry before replacing the new carpet. However, my landlord did not do this. He didn't dry the carpet itself, or even clean or disinfect it, even though it was soiled with dirty toilet water and raw sewage. He actually did nothing at all with my carpet until after the mold appeared months later.
I would like to file a personal injury lawsuit against my landlord in order to compensate for my pain and suffering, my hospital bill, my belongings that I had to dispose of, the expenses I have paid to remedy my illness, and also future medical expenses that I may have to pay in order to get well. Do I have a case against my landlord?
Document everything. Get a lawyer involved as this is a major issue. Hope you get one that takes your cases as you already made mistakes when you initially dried out your flood. Unless you caused the back up You should of put it all in the LL as it was his problem to fix it.
Why did you take it upon yourself to repair/remediate the flooded apartment? Are you trained and certified in water/flooding removal? Did you use the correct machine and procedures to clean up? Did you use the correct drying procedures along with the correct dryers/fans?
These are all questions that may come up if you get to that point where you're battling it out.
You're gonna have a uphill battle,
Why are you still living there if your health is in jeopardy
Last edited by Electrician4you; 04-30-2017 at 05:17 PM..
Why are you still living there if your health is in jeopardy
The OP is not still living there. They stated in their OP that they moved and the LL kept their sec dep because they broke the lease.
OP, you really have to speak with an attorney on this. No one here can give you legal advice. And since you have moved out you really have no concrete proof that there was actually mold that caused your health problems. You don't even have photos of any mold or your toilet overflowing, etc. You have even thrown out all the clothing, as you stated, so you don't have much proof, if any, that any mold ever existed.
I would contact an attorney and see what they suggest. They are the experts and will be able to get the information needed and tell you whether you might have a case or not.
I'm hoping that you have your requests and complaints, and your LL's responses in writing. It would be very helpful if you also have documentation from the mold specialist that mold was found under the carpet.
Gather all your documentation, and schedule an appointment with an attorney. They are best qualified to answer your question. Good luck!
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