Mold problem! Need legal advice fast!

[cinderella73]

I do have one question. Have you signed a new lease every year? Or, are you operating under thenets of the original lease? The reason is that most states laws protect renters in that if the old lease expired, the landlord is expected to comply with the terms of the lease even if expired, but you are not bound by it if it has expired.

No , new lease. We were stupid... Well thats a understatement.

 

[cinderella73]

Mold can cause serious health problems even death, no matter what I would be getting my children out of there!
If I stayed there I would have the landlord sign " my" contract that states any mold related health problems that arise will be covered by him or he can release you from your lease one or the other and keep a close eye on your children daily. That type of thing is scarey.

Oh I do! The thing is when I go down directly in it like I did tonight to help my husband throw out everything my lungs burn and I am coughing when I come back upstairs. Kids have regular allergies as well so its hard to tell. My son had a headache the other night but it lasted only 15 minutes. Was it mold or just running aroud to muchor from not enough sleep the night before ? I dont know

But when I am not in it I have mild symptoms off and on. I am fighting with telling myself its not that bad I am overreacting and then also telling myself its not good to get out.

The house we would be moving to is brand new and just built. Its also 400 more a month. A HUGE stress while we are making so many transitions in life. I dont know what to do anymore. There really is no perfect situation. Plus our landlord there would live next store. They are super nice but still.. Not my ideal. I just dont know what to do!

I do know that if the landlord starts ripping stuff up without sealing stuff off we are O - U - T . That would be bad.

 

[Poohlovr]

As others have advised, you really need to consult an atty with expertise in this area. Laws regarding real estate, renters rights, etc, vary from city to city, much less state to state. Renters rights cannot be usurped by a lease. The renter still has the protection of the law, no matter what the lease may say about it.

Conversely, the law also protects the landlord and in most cases, you are required to give the landlord sufficient time to repair a problem once you've reported it. Another reason why you need to take this to an atty. They can advise you if this mold problem would be enough to make the house immediately uninhabitable and what your landlords obligations are in this situation. Of course, they may question why this is suddenly a problem, but you were OK with it prior to now.

While you're there, ask if the dog would be allowed to live with you under protection of the ADA. I'm not sure, but I think he would not be able to deny a certified service dog..

 

[barkley]

before you go to the expense of an attorney check and see if you have a tenant/landlord board in your area. some regions have these and they offer free tenancy legal advice and in some cases will assist you (free of charge) in dealing with these kinds of situations.

 

[coolbeans]

I just wanted to post !! It's nuts what you are going thru, let us know when the landlord shows up to look at it!! Good luck!

 

[java]

Also send a certified letter to your Landlord! Your phone call notification of a problem can be disputed in a he said /she said kind of situation. Put it in WRITING!

Good luck and that's a big mold problem! Contact your local health department as well they may be able to advise you in regards to your legal options. In matters of health- (and you have children living there I am guessing from your photos) leases are different. The "set in stone" rules and not neccessarily. Contact an attorney.

 

[FayeW]

Can you have the Dept of Health come in and inspect the property? If they find it to be uninhabitable, you may be able to get out of your lease legally.

 

[amid chaos]

My feeling is he knew about the mold before and wrote the lease to protect himself. I would think renting a home with toxic mold to a family might make the lease null and void. Contact a lawyer.

 

[cntrygal]

a service dog is not a pet. They are allowed everywhere.

 

[Wishing on a star]

OMG!!! I can't believe those pictures.... not just the one black spot that was mentioned, but even the walls are now completely spawning the stuff.

I would simply MOVE....

Here is one approach....
Your son will be getting a service dog... which the landlord can NOT discriminate against... period....

Start out being syrupy sweet..... Tell your landlord that you are happy to move TODAY if he would rather not deal with the service dog. Simply let you out of your lease.

I would almost encourage him to have ONE single negative word about the service animal. DOCUMENT this entire conversation... Do you have a mini-recorder?

If that doesn't do the trick.... it is time to get tough, and let him know that you will be moving, and that he will be hearing from your lawyer if he pursues any further payment from you.

You have two serious lawsuits against him here...
1. Discrimination against handicapped requiring service animals
2. Renting an un-inhabitable home, and risking the health and life of you and your children.

I would not live in this home, or under this landlord's roof for one more minute.

SEE A LAWYER

 

[agnes!]

Get a lawyer somehow, any way you can. And get the **** out of Dodge. I would DARE the landlord to go after me (but only after getting legal advice, either though hiring a lawyer or getting someone through Legal Services or going to my local Tenant/Landlord dispute board).

Another thing to think about...if you bring that service dog into an unsafe home-environment, that act could possibly abrogate the terms of the dog-group's agreement with you. They might be able to take the dog away from your son, you *must* check the fine-print in your agreement with them. (I'm sure you agree to provide vet services and feed the dog an adequate diet and not sell the dog to an outside source, etc.)

agnes!

 

[cinderella73]

Thank you all for your advice and support. I am just now getting a chance to sit down and read your comments.

I just spoke with the wife of the landlord and she was funny but "seemed" like she would be ok with the dog. She did ask me what breed it was and never did say ok. I am sure she would want a additional deposit but that is against law so I guess I will just wait to see how that goes.

When I mentioned the mold she immediatly just said " Oh well thats a basement that stuff happens" and then " Well you probaly are not dumping it enough" . But we do of course everyday and sometimes 2 times a day. We dont forget because its right near our water heater times and its our morning routine.

I agree that yes its a basement and all but its not properly vented and I have no way to make it so. The windows down there do not open. She did acknowledge that at least or in the least made no comment.

She was a bit defensive and talked the whole thing down like it was no big deal. I made it clear we dont care about any damages we just hrew stuff out so thats fine. I just wanted it fixed .

Her solution is to just put in another dehumidifier . No big deal. Of course she doesnt live here and have to smell it. Even if we get the humidity under control that will not get rid of what is there now in the carpet and walls.

Am I being unreasonable to want them to have someone professional come out and take a look? Am I wrong to want the damp 70's carpet removed with the room properly sealed up and spores contained?

They just want to wash down the ceiling ( which has to be rotted through in that one spot) and place a extra humidifier.

They think this is taking care of it. I do not. What do you guys think? It seriously reeks and the smell is in everything. I have been coughing my lungs out all day. Wont the mold thats there now not be gone with just a extra humidifier?

Thank you everyone for all your help . Oh I did get a hold of a lawyer. They will be calling me back tomorrow and we will go from there. In the meantime I need to call the people who own the other home that were willing to rent to us. I hate to lose the home when its so hard to find anything around here. It could be months before I do again. I just hope this gets resolved quickly.

I am hoping the lease is not legal but it unfortunatly might be.

Agnes- You have a great point! With the dog costing what it does I dont want to take any risks. Thats besides the fact that we will love the dog and my son really needs it. The mold cannot be good for the animal either. And yes you are right we do agree to feed the dog quality food and provide regular vet services in our contract. I am sure they dont want the dog dealing with mold. Heck neither do I. And of course my kids are the biggest worry.

So what do you all make of the landlords wifes take on everything. She said it might be a while before he gets out here as well because the son is having back surgery. I understand of course but I am worried about my kids as well. I dont think her solution will fix anything and they are to cheap to do what needs to be done. With only a few days left in the month I need to know what to do fast. I know you should give notice but I dont want my kids to breath this in anymore and I dont want to be sued either!

 

[Darcy03231]

I would take pictures of everything, send a letter to the landlord via certified and regular mail, and I would move. There's no way I would take a chance on my family's health.

 

[Wishing on a star]

She has not given you any assurance or any 'date' that anyone will actually show up to look at the problem.

She has already minimized the issue, and stated..... "hey, it's a basement, just get another humidifier...."

NO mention of treatment or mold removal.

They are, essentially, refusing to address your concerns.

That is not acceptable.

Do not delay....
It really doesn't matter what day of the month it is....
Doesn't matter if it is the first, the 31st, whatever....
What matters is that you are able to move ASAP.
I do not think that you will get moved into your new home overnight on the 31st... so just count on paying Nov. rent... You can be long gone before the landlord has a chance to get his ducks in a row.

And, remember, from your Landlord's side, it will also cost him a small fortune to sue you! And, why would he risk that if he knows that he can't win because of the mold problem.

Let's just say he offers to have professional mold removal.... HE STILL WOULD OWE YOU FOR YOUR ALTERNATE LIVING ARRANGMENTS (HOTEL OR APARTMENT) UNTIL THE JOB IS COMPLETE, OR HE CAN'T COLLECT RENT.

So, technically, if you find it necessary to move because of the mold issue, then suing him back for your rent and living expenses during this time (starting TODAY) is also a third possible lawsuit or countersuit against him.

I really don't think he will want to 'go there'.
He would have to be either very crazy or very stupid or both.
He doesn't have a leg to stand on.
I really doubt that forcing somebody to pay a full 12 months notice is even legal.
And, no matter what you signed, a waiver will never hold up.
One can not sign away their legal rights.
One can not give another person permission to break State or Local laws.

I think your landlord knows this, and they just don't care.

PS: You might possibly find a service that will provide a 'free estimate' or an initial free inspection.... CALL A PROFESSIONAL OUT THERE, TODAY.... YES, they can usually come within 24 - 48 hours. Call a service that offers 'emergency water restoration'. You really need to do this to have outside verication of the mold problem. I would not hold my breath waiting for your landlord to call somebody.

November's rent and a possible service charge for an inspection are a small price to pay to document your situation and get moved out.

I hope you are able to speak with this lawyer and get some good advice soon!

 

[surfgirl]

She said it might be a while before he gets out here as well because the son is having back surgery.

This is not an excuse. With one phone call, they could call in an expert to deal with it. Honestly, this is something you *want* an expert to deal with - I would not trust anything they would do.

You could be proactive and provide with a few numbers of contractors who do this for a living... or just get the he11 out of dodge. (I would get out as quickly as possible... including visiting family and friends on weekends and over T-giving.)

 

[starann]

Not sure if this would help you, but call your local code enforcement office (usually in with the township/city hall building). My DH is a Building and Fire Inspector and has to occasionally deal with mold issues when it deems a house not fit for human habitation. Even if they can't help you, they might be bale to point you in the direction of who you could call to get the ball rolling. If you go this route, I doubt you landlord will be pleased, but when it is the safety of your family......

 

[S. C.]

From the pictures it looks like it has been an ongoing problem. Is this the first time you have approached the landlord about this?

 

[MelanieC]

a service dog is not a pet. They are allowed everywhere.

Yep - He can't say anything about a service dog - It's against the law

 

[GoodFairies]

From the pictures it looks like it has been an ongoing problem. Is this the first time you have approached the landlord about this?

Agree. Your first post is a little confusing. How did you just find this issue a week ago? It looks bad so it had to have been going on for months if not years, and definitely before you re-signed the lease this year. Also while it's true that molds can cause allergy symptoms in people it's strange that you only started coughing recently when based on the pictures it has been a problem for a long time. I would try to limit exposure to the basement and consider everything stored down there as a loss - I would not even try to touch or move anything at this point because you will just be sending stuff into the air. I too would try to find another place to live but unfortunately I don't know how much recourse you have with the landlord if it's taken you this long to report it.

 

[cinderella73]

From the pictures it looks like it has been an ongoing problem. Is this the first time you have approached the landlord about this?

The musty smell was there when we moved in. We didnt know that a musty smell indicated some type of mold was present. We just figured all basements smelled and only used it for storage purposes.

The black mold was discovered about a week ago. We dont go downstairs often . We did notice the house was smelling musty upstairs really strongly which it hadnt before. We had taken everyone to the doctor with allergy symptoms and asthma symptoms . We had been on meds for allergies but all of a sudden its like the meds were not working anymore . KNow we know why.

It was discovered when I went down to grab a Halloween tote. I saw it coming back up the stairs. My husband goes down every morning to dump the dehumifier but goes down at 6 am and doesnt really look around. He just runs down in the dark , dumps the bin, and turns off the hot water heater timer. ( Cant figure out how to disable it)

Not sure how long its been there but I only noticed in the last week and a half. It must have been there a bit longer because of our health issues that started up several weeks ago.

I tried calling the landlord several times but no one answered so I kept leaving messages. Today was the first time I actually spoke with someone. I offered to send pics since they couldnt come out and tried to stress the importance but the wife didnt seem to think it a big deal. She was more interested in playing some kind of blame game. Which is silly. I just wanted it fixed. She doesnt even know when they can come out. I am giving them the week to give me some kind of offer to accept responsibility and do something to fix the situation. But to me that means a professional coming out. Not them adding a dehumimidfer or ripping things out without proper venting and sealing off of things. Seems that is the plan they have.