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Old 04-02-2015, 09:04 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727

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Quote:
Originally Posted by Eatingganesh View Post
It might not be a crime to be ignorant of the condition of a property, but as owners renting they are required by law to provide a safe living environment. They did not. Even if they hired someone else to do the ventilation, they are still responsible to see that the system was installed properly - and were talking about looking around in the attic... The problem is clearly visible. Plus the lease clearly states that they ARE responsible to make needed repairs in a timely manner. They chose to ignore a water leak for 6 months after multiple complaints. We did due diligence.

As far as my being unreasonable? Really?! THEY caused the problem by their inaction to our complaints about the water leak. It's now day 3 since we sent them pictures THEY STILL have not fixed the ventilation, and woohoo! Thunderstorms are on the way - so much for using the bathroom today unless I want to get drenched. I'm only asking for a small concession financially with the security deposit. We were - reasonably - NOT expecting to move and not financially prepared to do so. They've created a major hardship for us because they never fixed the leak. As I said, we were on our way towards signing the lease for another year. We intended to stay. But when two doctors insist that staying is hazardous to my health, what choice do I have but to leave?
Unless you can legally prove that your living situation is unhealthy; unless you have had the mold tested, it's been proven to be toxic mold and your physicians are willing to testify that it's toxicity (not simply an allergy) is directly responsible for your health issues; unless your landlord has been legally negligible in failing to conduct necessary repairs which have resulted in hazard to your health and a documented legally uninhabitable situation; then you have no legal case. The issue of last month's rent and security deposit have already been addressed.

I understand your frustration and am simply attempting to show you how this all works legally in most cases, so don't take umbrage.

Hopefully you can extricate yourself from the situation as easily as possible but if you feel compelled or forced to take legal action, do seek legal counsel before moving forward. Good luck!
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Old 04-02-2015, 09:41 AM
 
16,376 posts, read 22,486,570 times
Reputation: 14398
Quote:
Originally Posted by Eatingganesh View Post
We had our own mold expert in and it was tested. It is the toxic variety of black mold. Regardless, I am highly allergic to all mold.
But why are you asking to stay 60 days instead of 30 days in such a dire situation?

If it was that bad, you would want to move out ASAP, not ask for more time in the house.

Last edited by sware2cod; 04-02-2015 at 09:58 AM..
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Old 04-02-2015, 09:43 AM
 
16,376 posts, read 22,486,570 times
Reputation: 14398
Quote:
Originally Posted by Eatingganesh View Post
Except that the lease specifically stipulates that it can be used as such upon request.
Can you post the exact wording from the lease on the subject of security deposit used for last month of rent?
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Old 04-02-2015, 09:50 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by sware2cod View Post
Can you post the exact wording from the lease on the subject of security deposit used for last month of rent?
My guess is that it can be requested but has to be agreed to, not that simply requesting it is an automatic OK.
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Old 04-02-2015, 09:56 AM
 
9,879 posts, read 14,128,518 times
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Quote:
Originally Posted by Eatingganesh View Post
according the MI law, the city can only force us to move if the COO is revoked for things like a lack of electricity, water, and major structural issues .They can only advise us against staying.
The LL can force you to move for not paying. It's called an eviction and will look great to future landlords and mortgage brokers. Whether it's processed in time to physically remove you or not, it will still be on your credit report.
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Old 04-02-2015, 10:01 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by Eatingganesh View Post
We had our own mold expert in and it was tested. It is the toxic variety of black mold. Regardless, I am highly allergic to all mold.
It IS or is NOT? The "regardless" is confusing ...
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Old 04-02-2015, 10:07 AM
 
1,624 posts, read 4,055,526 times
Reputation: 2322
Im curious if you had the property inspected before you moved in. You were not just renting you wanted to buy the place. I would think bad ventilation and roofing problems would have been found before you moved in. I'm not familiar with rent to own agreements.

I would think that a judge would not put much stock into your health complaints if you still insist on living there. If its so terrible and really that detrimental to your health you would have already moved out even if it meant into a temporary homeless shelter.
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Old 04-02-2015, 10:33 AM
 
Location: The Heart of Dixie
1,359 posts, read 1,806,896 times
Reputation: 3498
Quote:
Originally Posted by STT Resident View Post
It IS or is NOT? The "regardless" is confusing ...
I'm pretty sure the OP meant that the mold IS the toxic variety, but even if it wasn't, s/he is highly allergic.
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Old 04-02-2015, 10:44 AM
 
Location: North Idaho
32,647 posts, read 48,040,180 times
Reputation: 78427
OP, "rent to own" means you are taking over the aspects of ownership. Any repairs were your responsibility, just like it is for every other home owner. You gave up tenant status when you signed the rent-to-own agreement, and the owner of the house is not your landlord in the traditional sense, he is the holder of the paper, no longer the maintenance crew.

If you need a couple of more days to move and clean, rent a U-Haul for a few days, place your stuff in the U-Haul and park it at the motel where you are staying for 2-3 days while you clean and wait for your new place to be ready for you.
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Old 04-02-2015, 10:58 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by Melodica View Post
I'm pretty sure the OP meant that the mold IS the toxic variety, but even if it wasn't, s/he is highly allergic.
Based on the OP's previous posts, that wasn't made clear at all. In any event, "toxic mold" is very misunderstood:

CDC - Mold - General Information: Facts about Stachybotrys chartarum and Other Molds

The fact that the OP is sensitive to mold is not cause for legal action for compensation from the landlord.
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