Would this make our lease void? need answers ASAP?
we live in an apartment here in MN and about 3 months ago there was a bad water leak and it flooded the apartment under us. it took them 4 weeks to fix it and it wasnt until the found a renter that they actually fixed the water leak. beings there was a water leak there is now mold on the pipes as well as in the walls of the apartment. our property manager admitted that there is mold in the walls and the city inspector even told them there was. i contacted the coperate office in writing almost 3 weeks ago about the situation and still nothing has been done about it. now we didnt pay our rent for the month of september due to the fact that we need to move out of here because of my sons asthma and the mold is making it worse. we go to court on friday and the apartment complex is telling us that we do not have to go to court and if we didnt go they will give us until the first to move out. (not sure if i trust this) now my first question is should we go to court? my second is do we have grounds to break our lease? and third do you guys think we would have a good case if we decide to go to court? my son is on albuterol sulfate 2.5MG that i am giving him 4 to 5 times a day and pulmicort respules 0.5MG that i am giving him in the morning and at night to help keep his asthama under control but as time goes by and the mold in the walls is getting worse so is his asthma. we also are taking him to the docs tomm to get his refills and to get a doctors note stating the mold is his problem i spoke to his doctor several times about the mold and my son has been tested to see if it is indeed mold making it worse (which it is) now do you think we stand a chance in court and do you think we have a good case. thanks in advance
Answer by Trouble
You need to go to court - failure to do so could lead to a default judgment against you.
As long as you have followed MN laws regarding notifying the landlord of the mold issue, you may have a case to break your lease.
You are going to have to prove that there is mold in the rental AND that the rental is uninhabitable - the city inspector's report should suffice.
Answer by Intuitivechick
If you make sure you're covered with documentation, then you should be fine. You don't say why you're going to court; did you file a judgment against them or did you get a summons to appear in court?
Paperwork saves you every time.
Sorry to hear about your son. He's on an inhaled cortisone but if you have the doctors note, along with a history of his worsened asthma, that will be in your favor. Good luck, and sorry to hear about your son.
Answer by Ed Atun
At this point you do want to go to court to be sure that your side is heard. The judge will answer your questions about the mold and its effect on your son. Take evidence. You do have a good case but all cases can take bizarre twists and turns..
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