Can I sue my apartment complex for an infestation and mold.

Question

My lease agrement states that the complex is responsible for pest control and cleaning mold. I even had to sign a paper stating that I would not clean mold myself. Ever since my neighbors below moved out we have been infested with roaches, spiders and bed bugs, they have sprayed 4 times and to be honest I think it is water they are spraying with. I have been complaining about mold on my porch for 2 weeks now and nothing has been done. I have been to the doctor 3 times for spider bites. I also have a 9 month old. What should I do?

Answer 1

Move.  They didn't live up to their end of the bargain.  Break your lease and move somewhere else.

Answer 2

i think you can sue because if your claims are true they are responsible especially since you specifically made sure you wouldnt even have to clean it. i think you should look all over your nine month old and get a few things and stay at a friends house until they clean it you should also make you landlord pay for your visits to the doctor because of the spider bites if you think it is their fault but i wouldnt stay there. i hope this helped

Answer 3

Move out for breach of contract and demand your security deposit back - if they don't give it - sue them in small claims court - be sure and take pictures of everything as proof.  You can add any additional expenses you actually incurred caused by the need to move.

You have to prove damages.

Answer 4

If you have been to the doctor 3 times (and the doctor will back you up as this being a major health problem) I think you probably have cause to move without paying a fee for this.  I'd call up your county office that handles this - the department will be something like "Landlord/ Tenant Affairs" and explain this all to them.  Ask them if you have cause to move (with no penalty) and if not, what would it take.  Then if you can move, just do it (sue the company later for your deposit if thats what it ends up taking but be sure to document your conversations with the county and tell them you have been informed by the county you can move with no penalty).  

If you still don't have cause to move with no penalty go about doing/ calling the apartment complex for them to finally either fix the problem or ignoring the problem long enough that you have cause.  There is a certain level of cleanliness the complex must maintain and if they consistently fail to do this, eventually you can move (but better find out exactly what your rights are by checking with your local county office).

Answer 5

From the landlords point of view.....

If they are spraying every 8 weeks this is legally "pest control" and they will win this in court as bugs move around and are never gone forever.

You will need to prove the mold you have is dangereous.    You even have to prove it is mold, MANY people get mildew and mold confused, some even get moss confused.    Trust me, I have gone to check "mold" and found moss.    The mold you need to worry about can not grow if here is any light, it requires damp, food (wood is food) and complete darkness.

Answer 6

get a lawyer