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View Poll Results: HOW DO YOU THINK I SHOULD TRY TO RESOLVE?
PAY IT OFF? 2 22.22%
SMALL CLAIMS COURT? 5 55.56%
BETTER BUSINESS BUREAU? 0 0%
LEGAL ACTION (ATTORNEY ASSISTANCE)?? 2 22.22%
Multiple Choice Poll. Voters: 9. You may not vote on this poll

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Old 04-18-2011, 02:48 AM
 
Location: Tacoma
1 posts, read 9,827 times
Reputation: 11

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recently as of martch 31st i moved me and my children out of my old residency due to molds and moisture. The apartment slowly but surely fell apart upon moving in. At the beginning it didn't take long to get things done.after awhile paint peeled off everything and every other little thing that could go wrong did! As the winter came in i noticed my toilets sweated profusely, the bathroom in the master bedroom did not have much ventilation which was making it very humid. The apr itself was built partly underground so wen i stated to complain the first time maintenance was not called out i was told to use a bleach and water solution. Second the wether temp drops colder we heat the house hotter. This caused to much moisture all over the house and molds were going in my clary molding skits clothes and ect. This time the maintenancr came and sprayed a white substance in my closet. Summer came it was fine then winter came again. This time i would assume the whether was just even colder cause i found molds in unused drawers ruined shoes, once again in my closet. Behind the television the walls in the bathroom begins the toilets and ect. At this time he came and sprayed again. Then i was informed that i should go but moisture removers for the house! I was! After awhile even after a carpet shampoo you can smell the molds in the house all over when manager did her inaction she stated i needed new double pain windows cuz of the moisture and everything else was never done! So upon moving out when i moved all my furniture there looked like big we spots maybe along the bottom of multiple walls through out the house after bleaching solutions and various detergents these molds stains didn't remove from anywhere in the paint. Me and my children were there for two years. I didn't do the wag through with management but i took pictures of everything including wrangle spot from the rip to the bottom but now they are trying to charge me 1,500 for paint and carpet repairs for the whole unit minding my deposit and account over payments. And they are still asking me for almost $700 is there anything i can do about this? I already reported to the health department but as for these charges!?
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Old 04-18-2011, 09:06 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
What was the response from the Heath Department?

Had you notified the LL in writing of the mold issues during your tenancy?

As long as you have documentation and photos then follow up with the Health Department. Advise the LL in writing that you are not prepared to accept the withholding of your security deposit for any of these damages which were caused by mold and the ineffectual mold treatments his maintenance contractor performed. Advise him that he has X number of days to return your security deposit in full or else you will file against him in Small Claims court. And then do it.
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Old 04-18-2011, 10:50 AM
 
3,770 posts, read 6,740,211 times
Reputation: 3019
Sounds like you have nothing to lose to take them to small claims. I wouldn't waste much money on a lawyer, maybe just take all your pictures and papers to a lawyer for an hour consult.

I lived in a leaky basement apartment for about a year. I was the sickest ever in my life there, had very long colds and a cough that never went away. Funny thing, after I moved out, the cough went away.
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Old 04-18-2011, 01:38 PM
 
Location: Boise, ID
8,046 posts, read 28,467,288 times
Reputation: 9470
Mold problems are complicated when they happen during a tenant occupancy. Where does the fault lie? If the tenant has never had a mold problem before, they are going to blame the landlord and the property. If the landlord has never had a mold problem before, they are going to blame the tenant. The problem is that sometimes both are true.

For example, in my current house, I just run the bathroom fan for about 20 minutes after a shower, and I have no mildew problems. However, in my last apartment, I had to run it for a couple of hours in order to keep ahead of the moisture. It was a 1/2 basement apartment. So you have to be able to prove that you were responsible in your maintenance and safeguarding of the property, as appropriate for THAT property.

It sounds like your LL admitted that there was a problem with the window(s), and you had informed maintenance that you had toilets that were "sweating" (which, while I'm familiar with the term, I have never heard it associated with a toilet, how does that even happen?). Those are both in your favor if you have proof of them.

Maintenance's advice of using bleach on mildew in the bathroom was fair, since some minor mildew in bathrooms is common, and bleach is the right way to deal with it.

I'm not sure what you mean when you say "I was!" when talking about moisture removers. Are you saying you already had a dehumidifier? Or is that just you being upset that they told you to deal with it? Because if you are having a moisture problem in a house that has never had one before, the LL is going to assume it is from your usage patterns, and recommend you get a dehumidifier. That is not unreasonable either.

Finally, how warm were you keeping the house? The warmer it is, the more the mildew likes it, so if you were keeping it at a constant 80 degrees, that will contribute as well.

Now, with all that said, I'm not trying to say you are at fault here. What I'm trying to say is that PROVING who is at fault in court is very difficult. Usually on mildew problems, the fault lies partly with the tenant and partly with the owner.

I would recommend a compromise. Contact your LL in writing informing them that you are willing to surrender $xx (whatever number is fair, which we can't tell you without seeing the condition of the unit at move in and move out) toward these expenses, but they need to return the rest. List out the problems you had in the property, calmly and rationally (use a spell checker), and request that they return the remainder of the deposit. Look up your state law for dealing with these situations, and follow it.
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Old 04-18-2011, 02:58 PM
 
28,114 posts, read 63,647,953 times
Reputation: 23263
^^^ Great Advice
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Old 04-20-2012, 09:34 PM
 
1 posts, read 9,146 times
Reputation: 10
i need help. i told the manager here in our apartment that the time it rained here in glendale,we noticed a leak in the ceiling and the water went through the wall.we noticed the wall paints peeling off.the manager sent some guys and told the manager that the problem is in the windows.then the manager sent a different guy and checked the windows.he told us that the problem is in the ceiling and even showed us that molds is building up in the walls.we told the manager about it and told us that she will call the company to fix the problem.while ago, the manager and maintenance guy came here and checked our bedroom.their suggestion is to move us in a different unit which is a 2 bedroom while they are fixing the unit with molds.we lived in a 1 bedroom.they left without telling us when they are gonna fix the apt.we texted the manager and asked if when we are gonna move to a different unit so i can call the electric,cable,gas company etc.her reply was that the company said that we have to pay $1295 for the 2 bedroom beginning may 1. we are paying 975 here in our 1 bedroom apt.
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Old 04-21-2012, 04:45 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
Quote:
Originally Posted by gwafuh_rn View Post
i need help. i told the manager here in our apartment that the time it rained here in glendale,we noticed a leak in the ceiling and the water went through the wall.we noticed the wall paints peeling off.the manager sent some guys and told the manager that the problem is in the windows.then the manager sent a different guy and checked the windows.he told us that the problem is in the ceiling and even showed us that molds is building up in the walls.we told the manager about it and told us that she will call the company to fix the problem.while ago, the manager and maintenance guy came here and checked our bedroom.their suggestion is to move us in a different unit which is a 2 bedroom while they are fixing the unit with molds.we lived in a 1 bedroom.they left without telling us when they are gonna fix the apt.we texted the manager and asked if when we are gonna move to a different unit so i can call the electric,cable,gas company etc.her reply was that the company said that we have to pay $1295 for the 2 bedroom beginning may 1. we are paying 975 here in our 1 bedroom apt.
Read your state landlord tenant laws regarding habitability/maintenance. A link is probably listed in the first "sticky" on this forum page but otherwise google "(your state) landlord tenant laws". Once you know the procedure and you have all the information you need about the contact information at your local health department, write your landlord a return receipt certified letter stating the facts and advise him that you have no intention of paying additional rent on an apartment you are temporarily moving to while yours is being brought up to standard.
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Old 04-23-2012, 04:13 PM
 
Location: Austin, TX
16,787 posts, read 49,049,969 times
Reputation: 9478
Quote:
Originally Posted by Lacerta View Post
It sounds like your LL admitted that there was a problem with the window(s), and you had informed maintenance that you had toilets that were "sweating" (which, while I'm familiar with the term, I have never heard it associated with a toilet, how does that even happen?).
It is very simple, in a space with high humidity, moisture will condense on any cool surface.
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Old 04-23-2012, 04:54 PM
 
28,114 posts, read 63,647,953 times
Reputation: 23263
Quote:
Originally Posted by CptnRn View Post
It is very simple, in a space with high humidity, moisture will condense on any cool surface.
We had the same problem with a 3 bedroom, 1 bath rental... the family of 5 never turned on the heat and always kept all the windows closed...

The bathroom took a real beating from 5 or more showers each day... they called me to let me know the toilet was leaking... I was there in 20 minutes and water was just dripping from everywhere... toilet tank and the walls and mirror... no ventilation and lots of moisture.

In humid climates I have seen toilets with insulated or plastic tanks... goes along way to minimize condensation...

One of the This Old House episodes said the situation on toilet tanks can be improved by piping hot water to the toilet instead of cold...
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Old 04-24-2012, 07:35 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
Quote:
Originally Posted by CptnRn View Post
It is very simple, in a space with high humidity, moisture will condense on any cool surface.
Quote:
Originally Posted by Ultrarunner View Post
We had the same problem with a 3 bedroom, 1 bath rental...
You're both answering a year old question which has been superseded by another more recent. Just saying!
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