Legal Question in Landlord & Tenant Law in Alabama

My apartment complex installed the wrong size filter in my apartment. For almost a month and a half I have been coughing all night and congested all day. I have two young children and their noses where constantly running. I thought it was the vents in the van directly on them causing them to have runny noses so I faced those away from them. For the last month I had been sleeping on the couch because the coughing would wake the baby. Then my wife began to complain for a scratchy throat and one night I began to get almost like asthmatic attacks. I could not breathe so I stepped outside for about ten minutes. I then opened the area with the inside unit to the ac and took the filter off and could not breathe because of the moldy, mildew smell and dust. The filter had NO dust at all because it was not fully covering the unit and the fins and bottom of the filter had mold and mildew. The apartment again accidentally replaced it with the wrong filter but told me that that particular building was the only one that used a different size filter hence the confusion. I had them clean the mildew and mold and put the correct filter. I did not go see a doctor because I knew something was irritating my lungs and I did not know if it was at work, in my car or in the house. Can I seek compensation from the apts for the 2 months of misery?


Asked on 9/16/10, 5:30 pm

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

Probably not. If the apartment is not habitiable you can give the landlord 14 days to cure the problem and then move out if he does not fix it.

Read more
Answered on 9/23/10, 6:35 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Alabama