Legal Question in Environmental Law in Michigan
I have been living in a rental house for 4 years that has a toxic mold level of 76 to 100%. There has also been sewer water in the sump pump area for the longest. Have health problems have been seeing a dr. Do I have a possible case? Much more to this story, much more! Don't know which category this case falls under Also, the same company is coming out again to inspect for asbestos. Thinks there is a possibility..
1 Answer from Attorneys
This is real estate law. The landlord has the duty of maintaining habitability and essential services in the premises. If the LL fails in that duty, you may have the right to terminate your lease. The LL must be given notice of the deficiency and a reasonable time to cure. if you are claiming that you have been injured by unsafe or toxic conditions in the property, then your question comes under tort law and liabilty. Sump pumps are not connected to sewage lines, and if they are, this is a building code violation. In order to prove a case you will have to prove that the LL knew or should have known that unsafe conditions in the property had a high probability of causing serious injury, and failed to remediate the condition. If your heath is at risk, you need to move out, even if this is only temporary, until the LL can make repairs. If the LL is unable or refuses to make repairs, then move out permanently, and hire a real estate attorney to represent you in the unlikely event that the LL sues you for lost rents. Be sure to have all of your evidence of toxic mold levels of 76 to 100% as well as doctor's reports and records that show that your health problems are a direct result of the toxic conditions existing in the property.
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