Leasing Lifestyle: On or about May 1, 2013, Mr. and Mrs. Ginter and THR executed a lease (the “Lease”)  as tenants and landlord, respectively,  for the property located at 2512 West Caparina attached hereto as “Exhibit A.”

The term of the Lease was for one year, commencing on May 1, 2013, through April 30, 2014. See Exhibit A.

Upon information and belief, in December, 2011, prior to the Ginters moving into the Property, a neighbor was helping the previous owners of the Property remove Christmas decorations  from the attic above the garage.  The neighbor discovered  that there was clear and visible water damage in the attic and reported this information to the owners. Prior to selling the Property, the prior owners disclosed this information to the listing agent, DAVIDSON  REALTY (“Davidson”).  The disclosure to Davidson resulting in a potential buyer requesting that the prior owners  repair, at their expense,  to repair  the roof and attic space. The  prior owners  retained SILCOX CONTRACTING,  INC. (“Silcox”),  to view and prepare an estimate to repair the rood and attic space in November,  2012. The potential  sale fell through and, upon information and believe, the repairs to the roof and attic space were not made.

THR, d/b/a IH, purchased the property shortly thereafter. The water damage and mold formation was known by the prior sellers and the listing agent. THR, d/b/a IH, was aware or should have been aware of the water damage in the attic.

Upon information and belief, THR, d/b/a IH, and/or its agents did not correct the mold damage and/or simply covered over it with paint and/or concrete.

Upon information and belief, the levels of microbial growth that was present in the Property posed, caused, and contributed to substantial health problems.

Full complaint below.


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