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I live in the state of Kentucky. I have written a previous post in this forum entitled "How do I get my security deposit back?" In that post, I said that I had suffered mold-related illness because there was mold in my former apartment (that I moved out of last September) after my landlord failed to properly remedy toilet overflooding. I tried to pursue a lawsuit against him but I failed to gather enough evidence to create a compelling case.
However, I have recently come up with a new idea for how I could sue my landlord. I have made a few visits to my old apartment, and it appears that no one lives there, even though all the other units in the apartment building are occupied. It was a nice apartment and it doesn't seem like the landlord should have had any trouble finding another tenant to rent it. My suspicion is that the apartment has been (at least temporarily) condemned on account of the mold infestation, and the landlord doesn't want to pay to have it remedied. I wondered if I took him to court about my mold illness, if I could verify that the unit is condemned and why it is condemned (i.e. mold), I could possibly use this as evidence against my ex-landlord since I was the last person to live in the apartment. What do you think? Is there a way I can officially verify that the apartment is condemned because of mold? Could I use this information against him in a court case?
Please remember, you have to PROVE two critical statements:
1) That you actually have an illness caused by MOLD. This will require a doctor to state so, specifically.
2) That the mold was in the house you lived in. As it is over seven months since you lived there, it will be EXTREMELY difficult to prove there was mold during that time.
Now, I know you suspect that the LL is choosing to not abate mold in the apartment; but that is the stupidest thing I have ever heard of. Unabated mold will just get worse, and you are essentially suggesting he is choosing to ruin his real property. No landlord would do that.
Correct me if im wrong, but if the judge ruled against you, and already made his decision, you have the option to appeal it. If not, isnt it done and over with? I don't think you can sue someone for the same issue a judge had previously ruled on. You'd have to open the case again. Which im not sure how to go about that.
You have a whole bunch of "ifs" in there. Do you have enough to make some $$ to pay an attorney? Because I suspect you will need one to bring this case, hinging on "ifs", to court. Think retainer fee rather than contingency, because you have NO proof.
Correct me if im wrong, but if the judge ruled against you, and already made his decision, you have the option to appeal it. If not, isnt it done and over with? I don't think you can sue someone for the same issue a judge had previously ruled on. You'd have to open the case again. Which im not sure how to go about that.
I have never actually taken my landlord to court yet. I'm not sure what you're talking about.
You have a whole bunch of "ifs" in there. Do you have enough to make some $$ to pay an attorney? Because I suspect you will need one to bring this case, hinging on "ifs", to court. Think retainer fee rather than contingency, because you have NO proof.
When I had the mold problem the first time, the landlord sent a specialist to clean up the mold that was on the floor. Couldn't I subpoena that specialist to come to court and testify that there was mold in the apartment?
When I had the mold problem the first time, the landlord sent a specialist to clean up the mold that was on the floor. Couldn't I subpoena that specialist to come to court and testify that there was mold in the apartment?
I believe you've already had your day in court. Unless the judge dismissed the case withot prejudice, you can not sue again.
When I had the mold problem the first time, the landlord sent a specialist to clean up the mold that was on the floor. Couldn't I subpoena that specialist to come to court and testify that there was mold in the apartment?
Do you have money to pay that specialist to come testify that there was mold that they obviously re-mediated, and another specialist to testify that it CAUSED your illness?
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