Q: I live in the state of California and my landlord has exposed me and my daughter to mold.
I moved into this house, to occupy a room, and was not notified in writing about the mold and pest issue. Once the landlord handed me a notice to vacate they no longer allowed me to turn on the ac during very hot days, which caused my baby to have a temperature of 102. Lately, I have been dealing with chest pains, coughing, a runny nose, headaches, and feeling light headed. The landlord has taken no measure to fix any of said issues. Can this landlord be sued for any of the above issues mentioned?
A: Not in writing, but he verbally told you? You assumed the liability, if any exists. I cannot offer an opinion on whether a "very hot" day caused you baby's temperature to reach 102, or even whether that is unhealthy. Certainly your symptoms sound a lot like flu. I have no idea whether mold - where?? -- could have caused them. If you are really concerned, tell the owner that they are serious and you will have to move out unless he permits the AC to be turned on and the mold is eradicated.
A: Yes. You can sue the landlord for failure to provide a/c on hot days. It would help if you could provide medical records of your daughter elevated temperature and also documentation that you notified your landlord of the several property violations. You have technical violations but the damages recovery is based on the severity of the injuries suffered and proof that you can provide at trial. IIt helps if you have City inspector reports and medical records. Best of luck.
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