Need help with legal matter involving apartment and water flood (apartments, lease)

[dkf747]

We came home to a flooded apartment when a pipe broke in January 2015. We lived in the dining room for a week while all the drying machines were running 24//7. Our landlord took care of us, so I'm not much help here.

[brambled]

Originally Posted by VAviaCA

I found this on the Loudoun County government website. It details landlord and tenant rights and also lists legal aid agencies.

https://www.loudoun.gov/DocumentCenter/Home/View/6959

Excellent! Thank you

Originally Posted by dkf747

We came home to a flooded apartment when a pipe broke in January 2015. We lived in the dining room for a week while all the drying machines were running 24//7. Our landlord took care of us, so I'm not much help here.

No, it's nice to hear when landlords do take care of their tenants! Coming home to a flooded place is NO fun.

[VRE332]

You can get one of these DIY mold kits at Walmart

https://www.walmart.com/ip/PRO-LAB-M...&wl13=&veh=sem

[leavingwash]

While personally I agree that long term you may be happier somewhere else, I would look at buying a product called Conrobium. Avail at home depot. It is avail in small spray bottles but also in gallon size that you can also rent a fogger from Home Depot. It is supposed to help mold at the source. It does not leave behind fumes.

Concrobium 1 gal. Mold Control Jug-025001 - The Home Depot

[JanND]

Originally Posted by VRE332

I would start looking for a new place ASAP, health first then legal matters later. Take a lot of pictures and evidence of the damages. Kick a55 and take names. Save every email, then if the landlord refuses to return the security deposit, then contact a lawyer.

You don't want to live there. Do not risk your health.

They certainly haven't done what should be done. I am certain that mold is/will grow since they didn't properly remove sheet rock, or the flooring.

I'm no expert, but I did live in a flooded town, and did do disaster work for 3 years related to flooding. There are great resources that will allow you to educate yourself about this potential hazardous situation. The FEMA link I provided has good information, so that you can make an educated decision about bailing on this property.

You didn't have the Nat'l flood disaster, but your home obviously has been damaged, much as a home that had flood waters. It requires very particular clean-up and removal of water damaged building materials. From your OP the LL hasn't done the correct job.

Check FEMA pages for proper clean-up after flood disasters. clean up after flooding - FEMA (Federal Emergency Management Agency) Search Results

Research mold, there are links on the page that I've linked here.

I would also call your local health dept. and talk to someone there about what the LL have/have not done. It may even be likely that this apartment will be condemned by the health department until it is safe, sanitary and secure.

Take tons of pics. And gather the info in case this person tries to come after you for the lease balance.

[JanND]

Originally Posted by brambled

Ah sorry, that was because my insurance agent wanted it. They will do the normal insurance dance of trying to get their money + my deductible back.



There are certain things they have to remedy after notice, or you can state the lease terminates 30 days after. Also the part I was talking about in the VA law says:

§ 55-248.24. Fire or casualty damage.
If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that the
tenant's enjoyment of the dwelling unit is substantially impaired or required repairs can only be
accomplished if the tenant vacates the dwelling unit, either the tenant or the landlord may terminate the
rental agreement. The tenant may terminate the rental agreement by vacating the premises and within
14 days thereafter, serve on the landlord a written notice of his intention to terminate the rental
agreement, in which case the rental agreement terminates as of the date of vacating; or if continued
occupancy is lawful, § 55-226 shall apply.

According to that, we can just go. Only problem is we do not have the funds to do so - we'd be on the street.



Yeah, I should have realized that. I was more or less looking for ideas from anyone who may have gone through the same thing with their landlord.



I wish I could - same thing as above though, we don't have the money to get a new place. I had to file bankruptcy a few years ago due to being laid off, and so everyone wants 2x rent for a security deposit, and I do not have a credit card. That's usually good and I don't mind at all since I just use my debit card, but not in emergency cases like this.

Although - there was also something in the landlord/tenant thing that said we don't have to pay rent if the property has lost value. Not sure how I could combine that with getting us the hell out of here.. will try to find that section and see exactly what it says.

First I would work with your insurance....LL's insurance should help you relocate. Get your health department inspector over to your house asap. Also, your county extension agency will have machines that can measure how much moisture is still in the wood and apartment. That moisture is what causes mold. Mold wicks up into the sheetrock, that is what is so dangerous if the sheetrock is not removed following an event like you've described. You can't see it, but it is likely there. Get this mess documented with proper agencies asap.

Contact the local Red Cross, and any other agency that helps folks locally. This is a "disaster" Just like if your house caught on fire...Good luck to you.

[brambled]

Originally Posted by VRE332

You can get one of these DIY mold kits at Walmart

https://www.walmart.com/ip/PRO-LAB-M...&wl13=&veh=sem

Aah - great idea, thank you!

Originally Posted by leavingwash

While personally I agree that long term you may be happier somewhere else, I would look at buying a product called Conrobium. Avail at home depot. It is avail in small spray bottles but also in gallon size that you can also rent a fogger from Home Depot. It is supposed to help mold at the source. It does not leave behind fumes.

Concrobium 1 gal. Mold Control Jug-025001 - The Home Depot

I've never heard of Conrobium - thanks, I'll check that out. Although I think if it does start showing, they have to fix it.. still it would be nice to have it on hand, especially considering that they haven't done what they are supposed to in the past.

Originally Posted by JanND

You don't want to live there. Do not risk your health.

They certainly haven't done what should be done. I am certain that mold is/will grow since they didn't properly remove sheet rock, or the flooring.

I'm no expert, but I did live in a flooded town, and did do disaster work for 3 years related to flooding. There are great resources that will allow you to educate yourself about this potential hazardous situation. The FEMA link I provided has good information, so that you can make an educated decision about bailing on this property.

You didn't have the Nat'l flood disaster, but your home obviously has been damaged, much as a home that had flood waters. It requires very particular clean-up and removal of water damaged building materials. From your OP the LL hasn't done the correct job.

Check FEMA pages for proper clean-up after flood disasters. clean up after flooding - FEMA (Federal Emergency Management Agency) Search Results

Research mold, there are links on the page that I've linked here.

I would also call your local health dept. and talk to someone there about what the LL have/have not done. It may even be likely that this apartment will be condemned by the health department until it is safe, sanitary and secure.

Take tons of pics. And gather the info in case this person tries to come after you for the lease balance.

I really wish I'd gotten pictures before maintenance wet-vacced the floor, or even before we cleaned up the kitchen. I was just so grossed out and horrified that I got right to work without even thinking about it And we had just gotten home from a very long trip and were totally exhausted.

Thank you so much for the FEMA link, I will be all over that!! I really appreciate the pointers, especially since you've done work in this area.

Originally Posted by JanND

First I would work with your insurance....LL's insurance should help you relocate. Get your health department inspector over to your house asap. Also, your county extension agency will have machines that can measure how much moisture is still in the wood and apartment. That moisture is what causes mold. Mold wicks up into the sheetrock, that is what is so dangerous if the sheetrock is not removed following an event like you've described. You can't see it, but it is likely there. Get this mess documented with proper agencies asap.

Contact the local Red Cross, and any other agency that helps folks locally. This is a "disaster" Just like if your house caught on fire...Good luck to you.

huh.. didn't know the LL's insurance would help in that regard.. although that would most likely take a lot of time since they would fight it. Still worth a shot. Thank you very much!

[FloridaBeachBum]

Originally Posted by gomason

If there is mold in the apartment, that is a violation of virginia housing law and is an excuse to break a lease. First, take pictures. Second, you need to send a certified letter to the landlord telling them that the situation needs to be rectified (need to do this legally). They have like 30 days or so to rectify it.

Where do you live? I might suggest contacting the local government for help. Arlington, for example, has services for tenant help.

I've gone through this personally. Greedy millionaire lawyer landlords in McLean absolved all responsibility because i'm sure they were struggling to feed their kids.

Trouble is the tenant caused the mold. My house was flooded in Sandy, like a crazy person I was pumping water, spraying mold spray, scrubing, then had a generator where I rented a commercial fan and dehumidfier.

Mold takes 2-3 days to start going. Once you have it a nightmare.

I tell my tenant where shut off is for water in unit. I tell them they go away on vacation or something they have to shut it off. If a washing machine hose or something breaks it will flood units, mayber other units and mold will happen.

[brambled]

Originally Posted by FloridaBeachBum

Trouble is the tenant caused the mold.

Not quite. Well, maybe the tenant above us did - they're the ones who used grease and blocked the line. It backed up through our sink - our water was not on.

Maybe you missed where it said it was gray water? It was not from the faucet.

[LoveAlbuquerque]

Perhaps you could hire an apartment inspector to see if the condition is harmful to your health? You may use leverage inspector's opinion to get out of your current lease if it's deemed harmful.

It may cost you up to $350 to hire an inspector.