East Islip, NY asked in Landlord - Tenant for New York

Q: I was diagnose with copd and emphysema due to black mold landlord not want to pay to fix I stop paying rent can she evi

I was diagnosed with copd and emphysema due to the black mold in my apartment the landlord didn’t want to pay to fix it. Finally she sent someone in to replace one wall and cover up the mold that’s still behind there I am bringing a personal injury suit against her or at least want to I stopped paying rent this month can she evict me

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Roland Godfrey Ottley
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  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Your apartment is likely not habitable given the mold infestation. Your landlord has an obligation to remedy that problem in the appropriate manner. Since you have stopped making payment because the landlord refuses to repair the mold. If the landlord were to move to evict you from the apartment you can raise the fact that you are not paying him all her rent because of the mold infestation that you have notified them about and they are refusing to make the necessary you to repairs to the apartment. You can also bring a separate case against the landlord for damages for the illnesses that you are suffering as a result of the black mold. You have to get healthcare providers to state that your medical problems are a result of the mold.

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