Legal Question in Personal Injury in Alabama
I renteda townhouse in Gulf Shores, ALon 1 August 2010. I got very sick in early September and stayed sick until mid-October. All this time I was under the care of a Pulmonary and Critical care doctor. Around 3 November, I became ill again with the same problems-respiratory. I contacted the owner of the townhouse and told him that because of the fact that I had been sick since I moved in and also because of a foul odor, I asked him to have the house tested for mold. The house was inspected and it was determined that there were two types of mold, one in the coils of the air conditioner and another in the ceiling around the fireplace, where previous water damage repairs had been made. I went again to the Pulmonary doctor and told him what had happened. He sent me to an allergy doctor, where he did allergy tests and determined that I am allergic to the two molds found in the house. He advised me to move as soon as possible. I notified the owner and told him I was moving and was out of the house within 6 days days. I called my insurance agent to transfer my renters insurance and was asked why I was moving so quickly (I lived there from 1 August until 23 November). I told him that mold was found and that I have been very sick and must move. I made a comment about the expense of moving so quickly and I asked if there was any type of liability insurance coverage on the part of the owner where I could file a claim and be reimbursed for medical bills and moving expenses. He said that the owner should have some type of liability coverage. I called the owner yesterday and relayed to him the information I received from my insurance agent. He told me that he did not think there was any liability on his part, but he would check. I could tell he was just blowing smoke!! I rented this place in good faith, thinking the place would be a safe place to live. My medical and moving expenses total about $1500 and I would like to know if there is any liability on the owners part. I am still under a doctors care and must take inhaled steriods and inhalation treatments daily. Can you please direct me on this?? Thank you
1 Answer from Attorneys
You can probably break the lease over the warranty of habitability, but will have a very difficult time collecting from the land lord in damages. I'd be glad to discuss this with you if you would like.