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Tenant suing his Nashville luxury apartment complex after inspections he paid for finds toxic black mold

Tenant tried to get out of lease, but says he was denied.
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NASHVILLE, Tenn. (WTVF) — Pipes bursting can be frustrating and expensive, but problems can arise when temps get so low.

NewsChannel 5 has received several calls about pipes bursting at apartment complexes, including some newer, high-end apartments in downtown Nashville. All that water can lead to a bigger problem, like black mold if it's not cleaned up properly.

Fallyn Apartments located in Music Row had pipes burst on Tuesday, according to tenant Brad Johnstin. He's hoping the complex clean up all the water so it doesn't lead to mold.

Johnstin says the complex, owned by GreyStar, has a history of water issues and pipes bursting.

"There was a major mechanical failure on December of 2022 that caused all residents from the building to have to be relocated to a hotel," Johnstin said.

Johnstin moved into Fallyn Apartments nearly a year ago. He says his issues started in August of 2023 when his neighbor across the hall reached out.

“I got a text from him during a workday stating the complex had called him multiple times at work saying he needed to urgently move out of his apartment because there was a major pipe burst that was going to cave in his kitchen. Several weeks later pics were shared with me of extensive black mold in that unit that was damaged, and moved," Johnstin said.

Johnstin was worried his unit could be at risk but said employees told him no, but then he started to get sick.

“I was prescribed an inhaler for the first time in my life. I was prescribed multiple antibiotics and steroids to help. I couldn’t work from home anymore," Johnstin said.

He says despite asking to be let out of his lease, he was denied. He adds Fallyn never tried to fix the problem, so he hired Tennessee Mold Inspectors to come out twice. According to their report, they found toxic black mold.

"The report specifically says that it’s recommended that tenants in proximity to where air samples were taken vacate the premises until remediation is complete," Attorney Seth Cline of Collins Legal, PLC said.

Seth Cline is representing Brad.

Seth says Brad is just one of the tenants he’s representing at Fallyn Apartments. He’s planning to file more lawsuits.

"We currently have three Fallyn tenants that are clients and in conversation with two more related to the same issues," Cline explained.

Despite moving out for his health, Johnstin continued to pay his rent because he says they wouldn't let him out of his lease. He hopes to get his money back through this lawsuit while helping others.

"It's about holding them accountable and ensuring this won’t happen to other people," Johnstin said.

His year-long lease ends this month.

Johnstin shells out about $3,100 a month for rent, amenities,and electric service.

Fallyn Apartments provided NewsChannel 5 with a statement:

"Like many apartments and other buildings in the Nashville area, Fallyn Apartments experienced a pipe burst on Jan. 16 related to the recent near-zero temperatures and began immediate remediation efforts through our remediation company. Mr. Johnstin’s issue is not related to recent weather. Unfortunately, due to an ongoing lawsuit, Fallyn Apartments is not able to discuss that matter further."

-- Fallyn Apartments

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