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Who would be liable?

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W

WHATCO

Guest
What is the name of your state? TX

I had a covered loss with my insurance company. They found me a Corporate Housing Apartment through one of their vendors. The vendor signed the contract with the apartments which made me a sub-lessee.

When I moved in, I had to purchase new furniture for the Living Room and both bedrooms due to my home loss.

In a few weeks, the apartment had a water loss from an upstairs unit which affected the Hall Bathroom. The apartments refused to come repair the water damage. My vendor did not push to get the water damage repaired.

A few weeks later, mold began to grow in the A/C system that shared the same ceiling as the unrepaired water damage. Mold blew all over the apartment and my new furniture. Again, the apartments and the vendor REFUSED to come clean up the mold.

I became very ill and my allergist did testing which revealed I was HIGHLY allergic to this mold, told me I was very ill and needed immediate treatmens to desensitize my system. My doctor instructed me to leave that unit immediately. Also, I could not take my furniture with me stating it could not have ANY mold on it as I was that allergic to the mold. They said if I wanted to take my new furniture, first it MUST be completely cleaned by a company specializing in mold removal; otherwise, it must be discarded.

Both the apartments and my Corp Housing vendor REFUSED to clean the furniture that they (someone) contaminated/damaged. They just told me to take it against my doctor's advise and leave.

I advised the apartments and my vendor that I will follow my doctor's advise and for them to call me when they have it cleaned.

A couple of months later, I went back by the apartment to find my new furiture gone. No one sent me any notification that they were about to remove it.

About a month ago, I received a letter from the Corp Housing Vendor that they had a professional moving company remove the furniture to a climately controlled storage unit. They wrote that if I did not pay an undisclosed amount of money for moving, storage and months of apartment rent (my lease was over), they were selling my contaminated furniture in 15 days. (In the letter, they stated they did not know how to get in touch with me and had no choice. This despite my home phone number, e-mail address, and cell phone numbers being on documents sent over the course of our business dealings.

They insist I am at fault and liable for all the damages that they caused. Who is really liable here and what are my options? Probably too small for an attorney to handle and too large for small claims court. Any help out there? [email protected].
 
Last edited:


djohnson

Senior Member
You are responsible for the moving and storage of your furniture if you were no longer paying rent through that time period of a couple of months you let it sit there. They would be responsible for any damage to you or your items or for cleaning them. If you would have moved your own furniture you would have had a much better win. Now take the differences of what you owe and what you hope to recover and see if it is still worth it to pursue.
 

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