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Old 09-03-2011, 10:28 PM
 
1 posts, read 1,422 times
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Got 4 inches of water in a finished basement when the power went off after the storm. The sump pumps removed the water when the power came back on and now we are left with a vile smelling basement that is starting to permeate the rest of the house. The landlord has been trying to hire someone to clean the place up, but everyone is tied up with jobs. The mold is now visible and I moved my family to my parents house when the place began to reek. Our lease is up in Oct. and we were planning on leaving anyway. Can I get out of the remainder of the lease on the grounds the house is becoming toxic. We wear N95 masks in the house whenever we are there. Have not yet paid Sept. rent.
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Old 09-04-2011, 08:09 AM
 
10,222 posts, read 19,208,157 times
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If the building isn't habitable, you can claim constructive eviction, or withhold rent:

http://www.nj.gov/dca/divisions/code...abitablity.pdf

However if the landlord balks you are going to end up in court one way or another.
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Old 09-04-2011, 08:16 AM
 
Location: Beautiful Rhode Island
9,287 posts, read 14,899,623 times
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Never fails to amaze me how tenants won't lift a finger to help themselves much less their landlord in an emergency. Have you even thought about going into the basement and washing the floor and a couple inches of the walls with a bleach solution? Just wear some protective clothing and eyewear. Do you have a de-humidifer and air fresheners? This may be enough to make the house tolerable until your lease is up.

All mold is not toxic mold- it may just be mold. Beats moving and/or ending up in court. Maybe the landlord would even pay you for your time and expense in bleach (.89?)
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Old 09-04-2011, 08:38 AM
 
50,752 posts, read 36,458,112 times
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Why on earth should the tenant be doing that in lieu of the home owner? I would guess if they are hiring professionals it goes way beyond a bucket and bleach, anyway.
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Old 09-04-2011, 09:56 AM
 
Location: Beautiful Rhode Island
9,287 posts, read 14,899,623 times
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quote: "The landlord has been trying to hire someone to clean the place up, but everyone is tied up with jobs."

That does not necessarily indicate a professional problem. True we don't have all the facts. Maybe the landlord is too elderly to do anything himself.

I've had x number of inches of water in my own basement maybe times and sump pump failures, as have many people I know. You just clean up and stay in the house.

It is also likely that the house is not uninhabitable by NJ standards (especially since the landlord has been responding and trying to fix the issue) and that if the tenant breaks the lease, he will end up being responsible for the remainder of the rent.

All I'm trying to say is that responsibility goes both ways.
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Old 09-04-2011, 11:06 AM
 
Location: Woodbridge, NJ
27 posts, read 59,857 times
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I wouldn't touch the mold since you don't know what kind it is.
Take lots of pictures if you go back to the house, and a video probably wouldn't hurt either. I would talk to a lawyer and find out your responsibilities and your landlords responsibilities in a situation like this.
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Old 09-04-2011, 01:09 PM
 
50,752 posts, read 36,458,112 times
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Quote:
Originally Posted by Hollytree View Post
quote: "The landlord has been trying to hire someone to clean the place up, but everyone is tied up with jobs."

That does not necessarily indicate a professional problem. True we don't have all the facts. Maybe the landlord is too elderly to do anything himself.

I've had x number of inches of water in my own basement maybe times and sump pump failures, as have many people I know. You just clean up and stay in the house.

It is also likely that the house is not uninhabitable by NJ standards (especially since the landlord has been responding and trying to fix the issue) and that if the tenant breaks the lease, he will end up being responsible for the remainder of the rent.

All I'm trying to say is that responsibility goes both ways.
It just sounds like more than a clean up job to me, a finished basement might very well mean carpeting has to be ripped up, or there's water under floorboards, etc. Why assume straight off though that the tenant is just too lazy to help herself?
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Old 09-04-2011, 01:35 PM
 
24,488 posts, read 41,134,517 times
Reputation: 12920
Quote:
Originally Posted by Hollytree View Post
Never fails to amaze me how tenants won't lift a finger to help themselves much less their landlord in an emergency. Have you even thought about going into the basement and washing the floor and a couple inches of the walls with a bleach solution? Just wear some protective clothing and eyewear. Do you have a de-humidifer and air fresheners? This may be enough to make the house tolerable until your lease is up.

All mold is not toxic mold- it may just be mold. Beats moving and/or ending up in court. Maybe the landlord would even pay you for your time and expense in bleach (.89?)
Are you serious? The OP pays rent just so he/she doesn't have to deal with this kind of crap himself/herself.

I agree that if the OP is willing, he/she should clean up the basement if the landlord is willing to pay for the services.
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Old 09-04-2011, 03:34 PM
 
1,110 posts, read 4,371,076 times
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Mold is toxic. No way to know what kind it is. Landlords responsibility all the way. The excuse "Every contractor is tied up right now is a lie". Means landlord does not want to clean it up. Don't pay and move out.
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Old 09-04-2011, 04:00 PM
PDD
 
Location: The Sand Hills of NC
8,773 posts, read 18,385,103 times
Reputation: 12004
Quote:
Originally Posted by Hollytree View Post
quote: "The landlord has been trying to hire someone to clean the place up, but everyone is tied up with jobs."

That does not necessarily indicate a professional problem. True we don't have all the facts. Maybe the landlord is too elderly to do anything himself.

I've had x number of inches of water in my own basement maybe times and sump pump failures, as have many people I know. You just clean up and stay in the house.

It is also likely that the house is not uninhabitable by NJ standards (especially since the landlord has been responding and trying to fix the issue) and that if the tenant breaks the lease, he will end up being responsible for the remainder of the rent.

All I'm trying to say is that responsibility goes both ways.
I agree, it may not be the renters house but it is the renters "home" and they should do everything they can to make their home habitable.( even if they have to spend a little money)

Just like the jerks who get a flat in a rental car and wait hours for somebody to come change the tire because "it ain't our car"
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