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  1. #1

    Angry Water Stagination and Mold with Personal and Property Damage

    My question involves small claims court in the state of: Indiana
    I filled a Hardship written notice & I know it won't break the lease, but now that we've been moving out I actually can see the mold so bad that I had to call the Board of Health, bc I have a trach in & it was supposed to be out last may & my throat has been swollen & scare thinking my cancer was back due to the swelling. I have to wear a nask & cover my trach in order to move things out. no one willl put us up, bc we did not pay the months rent & are being summons to court. I can not breath in these conditions, but have no choice in order to get our stuff out of the apartment. can I ask the judge to have them have someone help me or put me up somewhere due to my health issues?
    I have made many attempts for them to fix the staginated water overflow from washer, flooding in utility room, they can see trhe mold & never did anything about it. No one ever offered to fix it, so not only due to our hardships & breaking the lease, the mold & standing water has effected my health so badly I called the boorad of Health. They made a very big deal with the apartments & they are making them fix it all, of course, but can't do it as long as I am in the apartment, bc of my trach & having a docs. order stating I can't be around mold or any aresol, painting, etc. & they've never offered a place for me to go while they could fix it.. They've not offered any kind of help, just the oppisite, as far as cout & suing us for the months rent. with all this mold & damage to my property & the swelling of my throat. can I get out of the lawsuit & get the apartments to pay for my property that's been damaged by the mold & my medical bills??
    Not too mention they knew I was sick when I moved in & had cancer, along with the trach. Plus, the whole building seems to have the same problems.
    The poor lady next door to us, where the water backs up or floods both our floors, has been told her whole in her wall, that is mold was nothing but rotted out & never was fixed. so I told her she should call the board of Health too, to proove these people in this apartment complex has been told & still will not fix anything , until made too.

  2. #2
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    Default Re: Water Stagination and Mold with Personal and Property Damage

    If you flood your own unit by overflowing your washer and you don't want stagnant water on the floor, you would be wise to clean it up. If you choose to let water sit on the floor of your unit for so long that mold forms, that would reflect poor judgment on your part. If you chose not only to do that, but to leave your personal property sitting in the stagnant, moldy water, that would be even worse judgment. You have not shared any facts that would make any of that the landlord's fault. What did you leave out?

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