Louisiana Personal Injury Lawyer Blog
Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.
Dewayne Montgomery, our tenant-turned-plaintiff, found himself in this exact predicament. He sued his landlord, Garry Lewis, claiming the apartment was riddled with mold and rat droppings, causing him various health issues. Montgomery alleged negligence, breach of contract, and even emotional distress as a result of his claimed paltry living conditions.
Lewis denied responsibility, arguing Montgomery couldn’t prove the mold caused his health problems or that Lewis knew about any pre-existing issues.
Lewis requested a summary judgment – a legal maneuver to end a case early if there’s no real dispute of the critical facts. Lewis claimed Montgomery had no evidence to back up his accusations. The trial and appellate courts agreed and dismissed Montgomery’s case.
Why Did Montgomery Lose?
It all boiled down to proof. While Montgomery had evidence of mold, he couldn’t directly link it to his health problems. The medical reports were inconclusive. Crucially, the lease agreement had a clause stating that Montgomery assumed responsibility for the apartment’s condition unless Lewis knew about a problem and failed to fix it.
Key Takeaways for Renters:
- Document Everything: If you encounter problems in your rental, report them to your landlord in writing immediately. This creates a paper trail in case things go south.
- Understand Your Lease: Read it carefully! Clauses about assuming responsibility for the condition of the premises are common, and they can significantly impact your ability to sue for damages.
- Proof is King: If you believe your living conditions are causing health issues, seek medical attention and ensure your doctor documents any potential link to your housing.
- Don’t Delay: If you’re facing a serious issue, consult with an attorney sooner rather than later. There may be time limits on filing claims.
This case is a sobering reminder that even in the face of a truly awful living situation, winning a lawsuit against your landlord isn’t easy. It’s crucial to understand your rights and responsibilities as a tenant and take proactive steps to protect yourself.
Additional Sources: DEWAYNE MONTGOMERY VERSUS GARRY LEWIS PROPERTIES
Written by Berniard Law Firm
Additional Berniard Law Firm Articles on Mold: What Is An Occupational Disease Under The Louisiana Workers’ Compensation Act? and Court of Appeal Upholds Class Action Against Housing Authority of New Orleans For Mold