Landlord keeping security deposit because of mold? (apartment, tenant, fees)
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I moved out of a 1-bedroom apartment at the end of June and my landlord is attempting to keep a portion of my security deposit because I did not clean mold/mildew from the ceiling in the bathroom and on our windowsills. There was a huge moisture problem in the bathroom since the first month of our living there. Spots in various shades of brown, black and even pink would show up on the ceiling and walls. After taking a shower, the moisture would often drip from the ceiling in the middle of the bathroom. I called maintenance in our first month there who simply said that we needed to shower with the bathroom door/window open. There is no fan or other ventilation. After this, we continuously left the door open and I purchased a Damprid dehumidifier, but the mold continued. Upon moving, I cleaned the mold off of the walls where it wasn't as bad, but the black/brown spots on the ceiling remained. The landlord is deducting the amount to clean this from our security deposit, stating that we should have cleaned before move-out.
Secondly, the windows in the living room and bedroom were never installed properly so moisture would continuously accumulate around the rubber seals and the sills. I sprayed this with bleach before moving, but again some spots remained. They are also claiming a portion of our security for not cleaning this.
As you can probably guess, my question is if it is legal for the landlord to claim our security for these issues? In my opinion, this is not something that I, as a tenant, should be held responsible for because it is an inherent problem with the building, not something I can control. Is this correct?
For many years, the building code required either an operable window or a vent in bathrooms. If your bath didn't have a vent, you would need to open the window to reduce the humidity when using a shower. If you didn't do that, any damage caused would be your responsibility, not the landlords.
1) How long were you there?
2) How often did you scrub out your bathroom/shower while there?
1. We lived there for 1 year total. The mold issue began within the first month of living there.
2. I completely cleaned the bathroom every 1-2 weeks. The actual shower tile and all fixtures were completely clear when we moved out. I also scrubbed the walls down with bleach before moving. The issue is the ceiling only.
For many years, the building code required either an operable window or a vent in bathrooms. If your bath didn't have a vent, you would need to open the window to reduce the humidity when using a shower. If you didn't do that, any damage caused would be your responsibility, not the landlords.
I disagree. The problem was obviously there before the tenant moved in as evidenced by the fact that he called maintenance shortly after moving in. There is no law that says that if your bathroom isn't vented you're required to open up a window or a door to permit air flow but there ARE laws against mold and a landlord's responsibility to remove it and cure the problem which produces the growth.
OP, look up your state landlord tenant laws on "habitability" which are probably linked in the first "sticky" on this forum. Did you take photographs of the mold? Do you have any of your complaints in writing?
Your LL is required to return your security deposit within a certain number of days when you leave. It's usually 30 days but varies from state to state so again check your state laws. If he withholds any money from your security deposit he's required to itemize those deductions in writing. If he didn't return your security deposit within the proscribed time frame along with itemized deductions he's already lost and you can file against him in Small Claims court. The court fee is minimal and when you win such a simple case he'll also be required to pay your court fees.
First you need to read your state landlord tenant laws to see the proper steps to dispute the charges.
Second, follow the steps in #1 and dispute the charges.
Third, find out if the bathroom ventilation conforms to local codes.
Fourth, gather all you doumentation about the original mainatance request and their answrer, and reciepts for the cleaning supplies and the most important, the photos you took to document the condition of the unit at move ina nd move out.
Now wait for the landlord's response.
(to add, read what STT wrote above again and make sure the LL is doing their part equally to the law)
I disagree. The problem was obviously there before the tenant moved in as evidenced by the fact that he called maintenance shortly after moving in. There is no law that says that if your bathroom isn't vented you're required to open up a window or a door to permit air flow but there ARE laws against mold and a landlord's responsibility to remove it and cure the problem which produces the growth.
You're incorrect in your assertion- there is no "defect" in a bathroom without a vent- its normal and expected that a closed bathroom will get damp walls, that's *why* the window was provided, and it's why the tenant was given specific instructions to *open* the window when she complained. The tenants actions of taking long, hot showers without opening the window caused the problem, not the landlord. Tenants are required to take *reasonable* care of rented properties, and showering in a closed room until water drips off the ceiling isn't reasonable.
The building code up until at least 1990 allowed *either* a fan or a window in bathrooms, not both. Either measure is adequate to remove moist air.
You're incorrect in your assertion- there is no "defect" in a bathroom without a vent- its normal and expected that a closed bathroom will get damp walls, that's *why* the window was provided, and it's why the tenant was given specific instructions to *open* the window when she complained. The tenants actions of taking long, hot showers without opening the window caused the problem, not the landlord. Tenants are required to take *reasonable* care of rented properties, and showering in a closed room until water drips off the ceiling isn't reasonable.
The building code up until at least 1990 allowed *either* a fan or a window in bathrooms, not both. Either measure is adequate to remove moist air.
Despite your bold assertion that I'm incorrect, I guess we're just going to have to agree to disagree ...
I'm not aware of any requirement in the landlord-tenant statutes in any state which require the tenant to have an open window while showering or even a requirement to turn on the fan - especially if the tenant is paying the electric bill. If the bathroom's design leads to mold, the ceiling of the bathroom should be tile or whatever the mold will be able to be cleaned from.
I cannot envision someone living in New England being required to open a window while naked (in the shower) during any of the winter months! That would be absurd. instead of mold, there'd be icicles and a frozen tenant! Perhaps that's a requirement in AZ, but I'd like to see the reference to that specific part of the regs.
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