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Update: we have talked to an attorney who strongly believes the landlord has breached his duty to maintain the property and has shifted his duty to us, while reaping financial benefits, since he does not get charged to make the repairs (they are covered by the home warranty), for which we pay the call fee. We have also submitted mold test strips to a lab for analysis. The attorney suggests we wait until the analysis is performed because - if the analysis reveals toxic strains of mold - our position will be even stronger. The attorney suggests that we first write a notice that we intend to terminate the lease with a 30-day window due to the landlord's breach and that we demand our security and pet deposits. The attorney also suggests to note that we will procure counsel if necessary to assert our rights under the applicable state and federal laws.
We will be getting the mold test results in a few days. Finally, the moldy drywall was repaired. However, the pool water valve is still not repaired, leaking profusely any time we fill the pool (something we have to do because otherwise the water evaporates and the pump breaks down). Our water bills have been in the upper $90 to $100 range, despite it's just two of us, we take showers not baths and we don't wash dishes or clothes every day.
Update: we have talked to an attorney who strongly believes the landlord has breached his duty to maintain the property and has shifted his duty to us, while reaping financial benefits, since he does not get charged to make the repairs (they are covered by the home warranty), for which we pay the call fee. We have also submitted mold test strips to a lab for analysis. The attorney suggests we wait until the analysis is performed because - if the analysis reveals toxic strains of mold - our position will be even stronger. The attorney suggests that we first write a notice that we intend to terminate the lease with a 30-day window due to the landlord's breach and that we demand our security and pet deposits. The attorney also suggests to note that we will procure counsel if necessary to assert our rights under the applicable state and federal laws.
We will be getting the mold test results in a few days. Finally, the moldy drywall was repaired. However, the pool water valve is still not repaired, leaking profusely any time we fill the pool (something we have to do because otherwise the water evaporates and the pump breaks down). Our water bills have been in the upper $90 to $100 range, despite it's just two of us, we take showers not baths and we don't wash dishes or clothes every day.
The original report was returned to us for insufficient postage. Apparently, the postage didn't glue. Anyway, on test strip 1, the lab found 'abundant' (greater than 50 count) aspergillus (penicillium), ulocladium, and hyphal-like fragments.
On test strip 2, the lab found 'abundant' aspergillus (penicillium), Stachybotrys, ulocladium and hyphal-like fragments.
The one that is a concern is the stachybotrys, the so-called black mold.
So, for the 3 weeks it took the landlord to get the drywall replaced, we lived with this crap in our house. We can't say for certain we suffered anything, since we tend to have runny noses/sinus issues. Our pets seem to be fine.
However, we now feel much more comfortable writing our landlord and asking a termination of the lease, even if the problem has now been solved. We still have the outstanding issue of the pool valve, which still leaks as it has been since day 1.
It's going to be a financial hardship on us - not an impossible task, by all means, but one we were hoping to avoid.
The original report was returned to us for insufficient postage. Apparently, the postage didn't glue. Anyway, on test strip 1, the lab found 'abundant' (greater than 50 count) aspergillus (penicillium), ulocladium, and hyphal-like fragments.
On test strip 2, the lab found 'abundant' aspergillus (penicillium), Stachybotrys, ulocladium and hyphal-like fragments.
The one that is a concern is the stachybotrys, the so-called black mold.
So, for the 3 weeks it took the landlord to get the drywall replaced, we lived with this crap in our house. We can't say for certain we suffered anything, since we tend to have runny noses/sinus issues. Our pets seem to be fine.
However, we now feel much more comfortable writing our landlord and asking a termination of the lease, even if the problem has now been solved. We still have the outstanding issue of the pool valve, which still leaks as it has been since day 1.
It's going to be a financial hardship on us - not an impossible task, by all means, but one we were hoping to avoid.
I would ask your attorney if you can sue for future potential physical and medical damages, should you become deathly ill... later down the road... Perhaps a medical expert can give you a prognosis and determine if your exposure will cause you future medical needs.
AND, if it's proven your landlords DELAYS compounded your damages, I would SUE the pants off him!
3 weeks is not an unreasonable amount of time to have drywall replaced in a home, especially around the holidays.
A leaking pool valve is also not a material reason to allow exiting a lease. I can fill my ENTIRE POOL for around $50. Your pool valve is not leaking that much, it'd be flooding the entire yard if it did.
While it does suck that you guys have to pay the call fee for the tradesmen repairs, but if it's in your lease, I think it'd be hard to argue that's unfair. It's your responsibility to read the lease and know what your signing, right? I've heard of other landlords doing the same, so it's not just your landlord. If I was the landlord I would argue I charge less rent but include that clause, good luck proving that wrong.
I'm sure you'll get out of your lease and get your deposits back and he'll probably be glad to let you go. You guys don't sound like "easy" tenants.
Quote:
Originally Posted by NCgirl2LVNV
Update: finally got mold test report.
The original report was returned to us for insufficient postage. Apparently, the postage didn't glue. Anyway, on test strip 1, the lab found 'abundant' (greater than 50 count) aspergillus (penicillium), ulocladium, and hyphal-like fragments.
On test strip 2, the lab found 'abundant' aspergillus (penicillium), Stachybotrys, ulocladium and hyphal-like fragments.
The one that is a concern is the stachybotrys, the so-called black mold.
So, for the 3 weeks it took the landlord to get the drywall replaced, we lived with this crap in our house. We can't say for certain we suffered anything, since we tend to have runny noses/sinus issues. Our pets seem to be fine.
However, we now feel much more comfortable writing our landlord and asking a termination of the lease, even if the problem has now been solved. We still have the outstanding issue of the pool valve, which still leaks as it has been since day 1.
It's going to be a financial hardship on us - not an impossible task, by all means, but one we were hoping to avoid.
3 weeks is not an unreasonable amount of time to have drywall replaced in a home, especially around the holidays.
A leaking pool valve is also not a material reason to allow exiting a lease. I can fill my ENTIRE POOL for around $50. Your pool valve is not leaking that much, it'd be flooding the entire yard if it did.
While it does suck that you guys have to pay the call fee for the tradesmen repairs, but if it's in your lease, I think it'd be hard to argue that's unfair. It's your responsibility to read the lease and know what your signing, right? I've heard of other landlords doing the same, so it's not just your landlord. If I was the landlord I would argue I charge less rent but include that clause, good luck proving that wrong.
I'm sure you'll get out of your lease and get your deposits back and he'll probably be glad to let you go. You guys don't sound like "easy" tenants.
Our yard does flood when we fill the pool. Our water bills are in the $110-130 range on a monthly basis, despite the fact that there are just two of us, we don't shower multiple times a day, we don't run the dishwasher but once a week and our washer/dryer are the HE kind. And this is a problem that has been there since we moved in and the landlord has been notified about it since day 1.
The drywall replacement happened before the holidays. Therefore, there's absolutely no reason why it took more than 3 weeks to get that work done. Even the replacement of the water heater took 2 weeks.
The fact remains that for that time we were exposed to types of mold - as tested by a certified lab - that may cause adverse effects.
The other fact remains that the landlord is not absolved of his duty to ensure the house is in reasonably habitable conditions and it should not be our job to do his job. It is one thing to pay $60 to call the home warranty service every once in a while as things do go wrong from time to time. It's another thing to pay $60 every two weeks - as we have done. The attorney we have consulted agrees with this. Nevada allows this clause in leases. However, there is a difference between what is considered to be acceptable and what is considered to be onerous and excessive. The fact that we have paid $300 from August to November is certainly excessive.
Note that the landlord pays absolutely nothing because so far all the repairs are covered under his home warranty plan, so his portion has been $0. Therefore, we are essentially subsidizing his home warranty plan.
We are very 'easy' tenants. We pay our rent days in advance without being reminded, we own our own home which is currently being rented, we keep the place clean and in good shape, we have good credit and solid jobs. But we don't like to be taken advantage of by investor landlords who just want to make an easy buck.
I would ask your attorney if you can sue for future potential physical and medical damages, should you become deathly ill... later down the road... Perhaps a medical expert can give you a prognosis and determine if your exposure will cause you future medical needs.
AND, if it's proven your landlords DELAYS compounded your damages, I would SUE the pants off him!
One of us works in the legal field. Neither one of us is lawsuit-happy and we think it would be very difficult to prove that any problems we may have down the road were due to the exposure to mold, thanks to the landlord's 'relaxed' delay.
We think we have been accommodating to the landlord in ways above and beyond. The water heater - whose leaks caused the mold problem - took 2 weeks to be replaced. Of course, the water heater would have been a non-issue had the landlord done his due diligence and inspected the property. Any inspector would have revealed that the unit was too old (over 15 years old) and too full of calcium deposits to be functional and suitable for occupants.
I think if you want a reason to move out, follow the advice of the posters regarding notice of your move, and the why's. But, personally, first...I would contact the health department about the standing water and mold concerns, and perhaps the local building inspector. I would include those reports in my letter re: breaking the lease. This will at least assure that the LL has to take care of these obvious potential heath issues before renting to another person.
I certainy woudn't have spent my money regarding the lawn...that is your LL responsibility as the owner. Quite a few red flags for me in your post regarding the irresponsibility of this LL.
One of us works in the legal field. Neither one of us is lawsuit-happy and we think it would be very difficult to prove that any problems we may have down the road were due to the exposure to mold, thanks to the landlord's 'relaxed' delay.
We think we have been accommodating to the landlord in ways above and beyond. The water heater - whose leaks caused the mold problem - took 2 weeks to be replaced. Of course, the water heater would have been a non-issue had the landlord done his due diligence and inspected the property. Any inspector would have revealed that the unit was too old (over 15 years old) and too full of calcium deposits to be functional and suitable for occupants.
I just want to say you have incredible patience and understanding for all you have been through...
I realize nobody wants to file a lawsuit, but if later down the road you get any of these..document now..you may not ever experience any of these below but just in case.
Level - I Common Symptoms of Mold Exposure
The most commonly reported symptoms of short term mold exposure:
Sneezing
Itching Skin
Redness and skin irritation
Watery Eyes
Itching Eyes
Headache
Level - II Advanced Symptoms of Mold Exposure
The following symptoms of mold exposure have been reported generally as a result from persons being in a mold contaminated environment on and off for an extended period of time. Symptoms are reported to have become more severe and longer lasting directly in proportion to the length of exposure time. Their reported symptoms are as follows:
Constant Headaches
Nose Bleeds
Feelings of Constant Fatigue
Breathing Disorders
Coughing up Blood or Black looking Debris
Nausea
Diarrhea
Vomiting
Loss of Appetite
Weight Loss
Hair loss
Skin Rashes
Open Sores on the Skin
Memory Loss "Short Term"
Neurological & Nervous Disorders
Sexual Dysfunction
Swollen Glands in the Neck Area and under the Armpit
Sudden Asthma Attacks or Breathing Disorders
Ear Infections and Pain
Chronic Sinus Infections
Chronic Bronchitis
Pain in the Joints and Muscles
While it seems Mold can cause many symptoms one must remember that there are thousands of species of Mold. Different species of Mold can have a wide variety of reactions within different people.
Level - III Late Symptoms of Mold Exposure
The following Mold exposure symptoms are the most severe and are attributed to high levels of exposure:
Blindness
Brain Damage
Memory Loss "Long term"
Bleeding Lungs
Cancer
Death
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