Legal Question in Real Estate Law in Nebraska

breaking of rental lease due to mold in house

I live in a rental home and have 2 months left on my contract. I have called the landlord to inform them that I am moving out in two weeks. The reason for moving is from a situation where the refrigerator,which is ours, had a leak and did leak quite a bit of water and has lead to mold on the basement walls and ceiling and the house obviously smells. The owner had a refrigerator previously installed when we moved in but it ended up not working, so we asked if we could install ours and they said that was fine. After 3 weeks of putting up with the smell in the house and most of my belongings smelling that were in the basement and with no further word from the landlord, I have had enough and forced to move out to protect the health of my family. My question is, who is responsible for the damage? They say it is my fridge so it is my problem, I say that they have insurance for these things and that I had to install my fridge because theirs didn't work. We will probably go to court over the two months rent and the issue of this mess. Can you give me any advice? thanks


Asked on 6/16/07, 5:22 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: breaking of rental lease due to mold in house

From the facts you presented, you will probably be held liable for the damage the mold has caused, rental for the period of time it takes to correct the mold situation, and the cost of removing the mold. Whether Landlord has or doesn't have insurance is irrelevant. He may sue you for the damage. Even if he filed for insurance, his insurance company could sue you. It is your refrigerator that caused the damage. You did not have to replace the refrigerator with your own, you asked permission to do so. Another factor not in your favor, is that it usually takes quite awhile for a water leak to develop extensive mold problems. Apparently, and from the courts point of view, you ignored the situation without correcting the problem until there was significant damage. You will need a lawyer. If you have renter's insurance, you should submit a claim immediately.

Read more
Answered on 6/16/07, 8:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Nebraska