landlord problem

[mandy7181]

What is the name of your state? GA

My husband and I are renting a trailer. The landlord has been notified again and again of conditions in the trailer that are hazardous to our health and safety. Both my husband and daughter are severe asthmatics. Below are some of the problems with this trailer
1) guest bathroom--black mold in the outside wall--studs are rotted completely--mold is in the insulation

2) master bathroom--water damage to floor making it weak in spots---tub does not hold water and drains into the floor below it instead of the drain

3) leaks throughout the house causing black mold in the ceiling

4) major cockroach infestation due to leaks and holes in the house

Being that we are renting the landlord is responsible for any repair that is not our fault--this stuff was preexisting but is getting worse. We are constantly ill and unable to hold a job because of illness. Does the landlord have to find us another trailer to live in until repairs are made? And if he refuses can we sue him for all the pain and suffering. My daughter has asthma attacks every other day because of all the mold and cockroaches. I would have moved but that takes money. We are behind a month and a half of rent but im going to catch up on that. I just need to know my rights

 

[alycatpa]

First of all, I have no legal background, but it definitely sounds like this is something your landlord will have to fix. However, since you are 1 1/2 months behind on rent, how do you expect him to provide you with services? Currently, you are living rent-free and are complaining about the condition. How do you expect him to fix the property with no income from you? If I were you, I would look into the withholding rent laws in your state, and use the money you owe in rent to fix the trailer (following the state's laws, of course). Sorry if that sounded mean, but it's true. I believe that if a landlord isn't receiving the rent, he isn't required to provide any maintenance services (but that is JUST MY OPINION and I have no idea if it goes along with the laws).
The only thing I know for sure is that you should send your landlord a letter, certified mail, stating that you expect the repairs to be done within "x" amount of time (say two weeks). That might get him to fix it and then you won't have to go the way of withholding rent. However, make sure you have the rent money if he's willing to pay to fix the place (however, if the place is so bad that you are constantly ill and can't work, you may have a case against him for non-payment....)

 

[mandy7181]

the landlord knows im behind on rent and he knows why and hasnt said anything. And we complained long before that both in writing and verbally with witnesses there. Its not just the fact we are always sick---i cant even use either bathtub and we cant even open up our pantry without having roaches fall on us. I dont have the rent because i cant hold a job due to severe allergies that basically make it to where i cant function because of all the mold. Im trying to work with my doctor to find an allergy medicine that works. My house is clean but the mold is making things worse with my daughters asthma. Can i sue the landlord for all the stuff we are going through. Its been 3 months since we wrote him. Also because he knows of the problem and the fact that our kitchen and both bathrooms are practically unusable does he have to put us somewhere else. Also if he takes me to court is there any defense in saying the house is so unliveable that it is not worth what he is charging?
Sorry bout all the questions but i feel as though my daughters health is at stake here. She is only 2.

 

[alycatpa]

I would call the health department, because I think they could help... But I am not a lawyer/legal professional of any kind... I would also call the local legal aid dept and see if they can help you... Hope that helps.
p.s. sorry if I was rude in the first post... I just read over it and it was really rough... I apologize, and good luck to you.