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NonDawg Legal Advice

Blocker57

Letterman
Gold Member
Oct 29, 2015
3,892
23,497
107
Raleigh, NC
Vent legal experts... any help would be much appreciated. Sorry for how long this description is, but these are the facts:

I moved to Starkville 2 months ago, and began to move into a home that turned out to be in terrible shape. I was not granted access to the home until move-in day because the previous tenants still occupied the home. During my move-in, the two cleaning professionals who were employed by the rental agency told me how bad the house was just 48 hours prior to move-in and that there was mold and mildew throughout the home. This was obviously concerning to me. Through the next 30 minutes, I started to feel sick (I don't ever get sick) because of the amount of cleaning product used on that home... i.e. bleach. It was so bad the movers also got sick. During the moving, we went to move in the washer and dryer through the garage, so I opened the garage door which promptly came off the track.

That was the end of me moving in... so I went to the rental agency to discuss my concerns. They denied that mold ever existed, so I requested a mold remediation confirm their view. An hour later, they had a company there. That company found some evidence of mold in the laundry room which was the only room that was not thoroughly cleaned. They also found evidence of very high moisture content in 11/15 walls they tested. During that home inspection, we also located an insect infestation and a decaying rat on the second floor. The home was a disaster and polar opposite of what was advertised online.

I went back to the rental agency who informed me the home was in such bad shape because the prior tenant had mental disorders including schizophrenia and they could not do routine home inspection while he was living there because it wasn't safe. They also said they would make right the wrongs of the home and offered 3-4 nights hotel while the work was completed. The issue is that the home has cracks and holes throughout the exterior of the home which I have picture evidence of. The Mississippi rain and humidity will promote additional mold growth if there isn't any already within the walls, and is not a simple 3-4 day repair job... it is a month plus repair at least.

After a brief discussion, the owner of the company said "we will release you from the lease." After I moved out, they would not answer any of my calls when I was requesting the security deposit back. They are now calling it a holding fee ($1,425). I am now suing for the security deposit (Mississippi State law says I must be returned that) and damages I incurred by having to hire additional moving help and temporary storage. My total suit is for approx. $3,300.

Last week was our court date. They night before, at 4:57pm according to the Court Clerk, the defendant filed a continuance. The judge hesitantly awarded the continuance during our hearing even though they were not present. Today, I received a letter in the mail from an attorney they hired. Do I need to hire an attorney now to represent me? Common sense says it is not a good idea to go ahead without representation. To be clear, I will be happy if I get the security deposit back, but I don't know what I don't know and don't want to get owned in a court room battle. Any legal suggestions would be much appreciated. Any thoughts?
 
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