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Old 11-28-2011, 03:14 PM
 
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I moved into this apartment 6 months ago, and later found when they tore down the ceiling to repair it that it is loaded with black mold. I have a clause saying I can't sue them for damage due to mold, but can I break the lease if I get a doctor's statement that the mold is making me sick?
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Old 11-29-2011, 08:59 AM
 
Location: Ocala, FL
6,392 posts, read 10,184,412 times
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You really need to ask a real estate attorney.
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Old 11-29-2011, 09:42 PM
 
Location: Near Nashville TN
7,201 posts, read 14,886,124 times
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Quote:
Originally Posted by FaeQueen View Post
I moved into this apartment 6 months ago, and later found when they tore down the ceiling to repair it that it is loaded with black mold. I have a clause saying I can't sue them for damage due to mold, but can I break the lease if I get a doctor's statement that the mold is making me sick?
I have a friend in Bradenton who has his whole screenroom covered in black mold. He's on the second floor. He can no longer use the room or even open the door to it for fresh air in his apt. It's disgusting and he fears for his health. He's already in poor shape due to diabetes. He's complained to the building's owner and some health dept., whatever.... nothing gets done. If he weren't so sick he would move when his lease ends. But I think he also fears he may end up in a worse situation.
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Old 12-09-2011, 02:19 PM
 
Location: Ocala, FL
6,392 posts, read 10,184,412 times
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Fae,

Not sure if you got any resolution to your problem, but you might contact the City or County Health Department (not sure if you are in the city limits) about the issue.
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Old 12-12-2011, 12:01 PM
 
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I was doing a search on mold and came across this. We were renting a two room crappy apartment after moving to the dump of Reading, PA.

First we had no heat. That was an issue we fought about. Our apartment was 61 degrees most of the time. Then black mold started growing on the walls and around my son's crib. We would clean it, and it would just come back. We asked to break our lease, and they said no.

My wife took my son back to Pittsburgh to stay safe in a non-moldy house. I pretty much told them we had a lawyer and were suing. I had a mold test done, I took pictures all over the place, and I documented it. If you do this you will have a good case.

Mold is a big issue in a interior of a building. It can damage one's respiratory system, especially infants. Black mold is bad, but even other forms of mold is not good to breath in. My apartment complex told me that we just had to put Clorox on it and clean it. When mold is an issue in a building you it is an expensive fix as they have to take down the walls, and fix what is causing the problem.

I told my apartment I had a lawyer, I had a mold test, I had photos, and I was suing for negligence. They knew that issue was there, and they let it go to rent to us by looking at us as only as sources of income for them and not human beings. They should have fixed it correctly, and spend the money to completely fix the building. Not wipe it down with clorox. After a threatening letter explaining how I could force them to spend thousands in damages by the building inspector, and take them to court they allowed us to break our lease. I hate dirty landlords and don't let them treat you like a source of income other than a human being.
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Old 12-12-2011, 09:53 PM
 
16,235 posts, read 25,073,546 times
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Originally Posted by =^..^= View Post
I have a friend in Bradenton who has his whole screenroom covered in black mold. He's on the second floor. He can no longer use the room or even open the door to it for fresh air in his apt. It's disgusting and he fears for his health. He's already in poor shape due to diabetes. He's complained to the building's owner and some health dept., whatever.... nothing gets done. If he weren't so sick he would move when his lease ends. But I think he also fears he may end up in a worse situation.
I would suggest to your friend that He needs to contact public health dept. You could help him by researching mold. I am a former flood diaster worker. Mold is nothing to fool around with, especially since he already has compromised health. the poster below gave a good example of how he got the LL to allow him to break his lease. It is something that should be considered, mold can be deadly. There are mold tests you could buy, near the smoke alarms, in most lumber/hardware stores. I sure hope you can help your friend. Picture, document making the landlord aware, document if they do nothing, go speak to an attorney to get legal help. Do research on the FEMA pages, re mold. I am just offering my opinions out of concern for your friend. Also, check your landlord tenant rights asap, hopefully there are laws already in place in your area.
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Old 12-12-2011, 09:54 PM
 
16,235 posts, read 25,073,546 times
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I would break a lease for anything as serious as mold, just my opinion. one of the posters gave a details on how he broke his lease, I would certainly check my landlord tenant laws, consult an attorney, and give consideration to what the poster describes that he did.
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Old 12-14-2011, 12:25 AM
 
Location: Near Nashville TN
7,201 posts, read 14,886,124 times
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Originally Posted by JanND View Post
I would suggest to your friend that He needs to contact public health dept.
He already did and was waiting for them to return again. I don't get it. I saw it for myself when I was down in Bradenton. He wasn't exaggerating.

Quote:
You could help him by researching mold. I am a former flood diaster worker. Mold is nothing to fool around with, especially since he already has compromised health. the poster below gave a good example of how he got the LL to allow him to break his lease. It is something that should be considered, mold can be deadly. There are mold tests you could buy, near the smoke alarms, in most lumber/hardware stores.
He's aware of the dangers but I can see his fear also. He lives alone and is in a wheelchair. He can't drive. The stores are only a short distance from his complex. He can go by himself to the bank, food stores and a few restaurants. I'm positive he fears he'll end up somewhere where he'll be dependent on someone else to get him around.

Finding myself alone in FL one day (if I outlived hubby) was one of the main reasons we decided not to move there. And believe me, we had sold off a lot of things and were ready to go. There is no one there to help him even look for another place. And he knows a lot of the other people there in the complex. He's torn two ways. I'm waiting to hear from him and find out what's going on.

Quote:
I sure hope you can help your friend. Picture, document making the landlord aware, document if they do nothing, go speak to an attorney to get legal help. Do research on the FEMA pages, re mold. I am just offering my opinions out of concern for your friend. Also, check your landlord tenant rights asap, hopefully there are laws already in place in your area.
I can't do much for him because I live in TN. We'll be going down the end of the month but not as far as Bradenton. We'll be staying in an RV resort just south of Ocala. My husband has family there in The Villages. Also, the RV Resorts and campgrounds in the Sarasota/Bradenton area are outrageously expensive. Thank you for the information. I'll pass it on to him. I'm getting a little concerned about him so if I don't hear from him soon, I'll give him a call.
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Old 12-14-2011, 12:28 AM
 
Location: Near Nashville TN
7,201 posts, read 14,886,124 times
Reputation: 5448
Quote:
Originally Posted by JanND View Post
I would break a lease for anything as serious as mold, just my opinion. one of the posters gave a details on how he broke his lease, I would certainly check my landlord tenant laws, consult an attorney, and give consideration to what the poster describes that he did.
The sad thing is some of these older people who are disabled or no longer driving have a really hard time getting around to look at other apt complexes. Some are comfortable where they are and even with mold problems hesitate to move and start over somewhere else - a different neighborhood. I wonder if they have senior advocates who can help these older people....
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Old 12-14-2011, 12:42 AM
 
Location: SE Florida
1,194 posts, read 4,112,796 times
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My neighbor in Pa had mold when we lived in Valley Forge PA, which is an expensive suburban Philly area. He finally got rid of the problem in his large home when he discovered his roof had a small leak and the water was running inside the walls. I did help him remove some drywall and we discovered the problem was his roof. Once drywall is wet by leaking water that is enough to bring on mold and mildue it becomes trash.

If you plan on touching the mold or mildue please use a breathing mask, gloves and eye protection when performing the task of touching or removing. .

Once it is removed the wood and insulation is exposed the insulation must be taken and tossed in a sealed trash bag too. . Using a sturdy metal or plastic scraper remove any large amounts of mold. Then use a sprayer containing 1 1/2 cups of bleach to one gallon of water and spray to kill any residual effects of the mold.

This is what I discovered on the Web and saved in my computer about mold or mildue problems in a home enviornment - "If you feel your property owner, landlord, or builder has not been responsive to concerns you’ve expressed regarding mold in your home, you can contact your local board of health or housing authority. Applicable codes, insurance, inspection, legal, and similar issues about mold generally fall under state and local jurisdiction. You could also review your lease or building contract and contact local or state government authorities, your insurance company, or an attorney to learn more about local codes and regulations and your legal rights. I would also try to contact the county or state health department about mold issues in your area to learn about what mold assessment and remediation services they will offer."

Last edited by Synergy1; 12-14-2011 at 12:59 AM..
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