[Bethers]

My husband, daughter (2 1/2), and I moved into one house with four rental units in Tennessee. We started by paying the first two months rent and a security deposit. Then, every six months after that we prepaid 6 months in advance. Not because we had to, but because for us it's just easier. The first year was covered by a rental agreement, and when it came time to do the lease for the second year, the landlord never returned my calls. I didn't want to go without a rental agreement, but I decided to drop the issue.

All three of us started getting sick this past November. We would stay sick for several weeks at a time. There were short periods that we were well. I went to the doctor every week for four weeks one month because I was so tired of the way I was feeling. Finally, I saw a specialist. She said I had Chronic Sinusitis. I was surprised. I had no idea that a sinus problem could make someone SOO ill.

It is now April. We have still been getting sick on and off. Last week, a repairman came to install a new shower wall, and we found the reason why we had been getting sick. Our apartment in infested with black mold - the harmful kind. My husband and I immediately made the decision to move because we already know the landlord isn't going to do anything. This place is a dump. I called to tell him about how the mold was making us sick, that we needed to leave, and to ask for one month of rent back. We are paid through the end of June plus the security deposit. He said he would have to wait until he assesses the apartment after we leave which is a bunch of bologna. He has been here several times, and it is plain to see we have kept this place neat as a pin.

Since I gave a 30 day notice yesterday, that means we'll pay until the end of May. We will not be here in June, but we paid for June. Can we get the money back? I know he won't give the security deposit back because he is upset about how much effort it's going take for him to put a fresh coat of paint on this place after we're gone.

[LisaB4657]

Once you move out he has a certain amount of time according to state law to return your security deposit. If he doesn't return it within that time then you should file a lawsuit. If he doesn't return June rent then you should include a claim for that in your lawsuit.

Make sure you take plenty of pictures before you move out to show that the property is in good condition. It will be helpful when you sue for your security.