Beaumont man sues apartment owners over mold damage

Kelly Holleran Dec. 21, 2010, 7:11am

Alabama Gardens

A Jefferson County man wants to be reimbursed for items he says he lost when mold infested them following a recurring water leak at his apartment.

Leonard Lewis filed a lawsuit Dec. 13 in Jefferson County District Court against Kiran Housing Group, doing business as Alabama Garden Apartments.

Lewis claims he lived at Alabama Garden Apartments, an apartment complex at 4905 Wyatt in Beaumont owned by Kiran, when the incident occurred.

While under lease at the apartments, Lewis discovered a water leak coming from one of his neighboring apartments and repeatedly informed the defendants of the problem, according to the complaint. However, Kiran failed to remedy the problem, the suit states.

"It was then discovered that the water leakage caused mold to accumulate on Plaintiff's possessions, requiring them to be destroyed," the complaint says. "Further, due to the unsafe condition of the apartment, and danger to his health and safety, the Plaintiff was forced to move out of his residence and seek alternative shelter."

Because of the water leak, Lewis claims he sustained personal property damages and inconvenience.

Lewis blames Kiran for causing his damages, saying it negligently violated the Texas Deceptive Trade Practices Act, breached express or implied warranties and engaged in an unconscionable action.

In his complaint, Lewis seeks an unspecified judgment, plus pre- and post-judgment interest at the legal rate, costs, exemplary damages and other relief the court deems just.

Paul F. Ferguson Jr., John M. Lane and Ryan M. Schaper of Provost and Umphrey Law Firm in Beaumont will be representing him.

Judge Milton Shuffield, 136th District Court, has been assigned to the case.

Case No. D188-961

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