Reply to Renter in house with burst pipe/ flooding

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[quote=Anonymous]Breaking the lease if you so desire is a no brainer is this is for sure a violation of the implied warranty of habitability.  Re asbestos, a good remediation company can do this while people are in the home using negative pressure, just like they would with mold remediation.  But should you live through it?  I would say no.  If you do, I'd make sure whomever is doing the remediation is licensed / reputable.  I'd also pay a mold/asbestos/environmental inspector to get an independent opinion so I knew the truth about what my family is likely exposed to, and deduct that from rent.

If you really want to stay in the home (though I agree with others you should just cut your losses and move on), find a temporary rental and your withheld rent towards that.  It's a simple case to make that, even though the top floor is livable, it doesn't accommodate your whole family, and combined with potential mold/asbestos concerns, landlord needs to provide you another place to live.

I am a PP who went through something similar.  The best decision I made was to engage a lawyer who was ready to make demands on my behalf and escalate if necessary.  That lawyer never had to escalate: once I informed my landlord (politely) that, given the situation, I had a lawyer who was going to help ensure my family's safety, he was a lot more responsive and accommodating.  Don't get walked all over here, talk to a lawyer.[/quote]

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