U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 11-27-2011, 03:03 AM
 
Location: San Francisco, CA
6 posts, read 18,905 times
Reputation: 10

Advertisements

My roommate and I had been suspecting mold in our rental house and asked our landlord to check it out numerous times, but he never would. The only mold we had seen so far was growing around all the bedroom windows. He told us to clean it with bleach, which we've done many times. All our gutters are clogged and draining poorly and portions of the eave of the roof seem to be rotting.

My roommate finally got so fed up, she decided to check for mold herself. She went in the attic and discovered TONS of mold and lots of water damage (as well as mouse droppings and traps everywhere). It was disgusting! She took tons of pictures, but in the process her leg broke through the roof into the apartment. So now she's damaged the ceiling. Will we have to pay for this? She thinks the part that broke (it's not even wood- some kind of foam like board) was weak due to moisture and that's why it broke. We've notified (again) the landlord of the findings, but are nervous he will try to make us pay for the ceiling.
Rate this post positively Quick reply to this message

 
Old 11-27-2011, 05:38 AM
 
Location: Phoenix AZ
6,272 posts, read 12,568,035 times
Reputation: 10287
You'll be paying for that ceiling...

not sure why you believe the presence of "mold" would excuse you from paying for damages you caused?
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 07:44 AM
 
16,108 posts, read 21,690,870 times
Reputation: 26521
Don't worry about paying for the ceiling, if there is that much mold, get the heck out of there!! Do some research on dangers of mold, there are plenty of resources online, incl. FEMA disaster related info.
Document when you call LL, what he says..........go seek a free consultation w/ a property real estate attorney. I am not familiar w/ the laws in your area, I am not an attorney, nor an expert, but I did do 3 yrs as a Disaster worker during flood recovery efforts. We did tons of research, mold is very dangerous, and there are several types, do your research online so you know what you may be exposing yourself too. Keep those pics, and I would call health dept. right away. my 2 cents, Good luck
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 08:30 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,074,918 times
Reputation: 26596
I'd suggest you consult an attorney immediately. If you're renting the whole house then the attic is part of the house and the landlord is liable for its maintenance as he is for for the rest of the house unless there is a specific clause in the lease prohibiting use of the attic access. Not all mold is dangerous but it should be checked and you can find out which local state agency you need to call by googling, "(your state) landlord tenant laws".
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 09:05 AM
 
Location: San Francisco, CA
6 posts, read 18,905 times
Reputation: 10
Thank you for your responses. My roommate has a 6 week old baby and is really nervous now about it. We started searching more and found a thick, various colored mold growing in our kitchen cabinets and the same looking thick mold growing all along the pipes under our bathroom sink coming from the wall. Our landlord emailed that he's sending his brother over to clean it today, but I'm scared now. That seems like a lot of mold for only living somewhere for 3 months.
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 09:23 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,074,918 times
Reputation: 26596
Take samples of the mold before he cleans it.
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 09:23 AM
 
Location: Central NJ
633 posts, read 1,800,360 times
Reputation: 647
What state are you in?

Why don't you move?

What size house is it and what do you pay every month?
Do you have a lease?
Did you inspect these areas before you signed a lease?
Did it say as is condition?

Does the town require a COO?

My opinion you should pay for the ceiling, you broke it.

At this point I am beginning to think all small LL should throw up their hands and sell. It's not worth it any longer. The regulations, empowered tenants, states like NJ and NY that give all tenants the supreme power, the support of people who immediately say call an attorney. WTF

If you just left and the house is that bad, abusive LL's would not be able to continue. But, I suspect you got a "good deal" when you moved in am I wrong?
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 09:39 AM
 
Location: San Francisco, CA
6 posts, read 18,905 times
Reputation: 10
We live outside of San Francisco. Our house is 750 square feet and we pay $1900 a month. He also owns a small apartment complex down the street and maybe more homes, but not sure of that. My roommate just called our landlord and asked if he could wait to have it cleaned so we could sample it. He said no, it's an emergency and he's coming in to clean it without 24 hour notice because of that. He said if we wanted to pay someone to test it later they would be able to still find mold after he cleaned it because they are good at that.

I think we are going to go stay at a friend's house about 45 minutes away just to be safe. We are nervous and not much we can do on a Sunday.
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 10:48 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,074,918 times
Reputation: 26596
Quote:
Originally Posted by new jersey mike View Post
My opinion you should pay for the ceiling, you broke it.
I have no horse in this race but disagree for the reasons stated earlier. To clarify, if you rent a house which has attic access and there is no stipulation in the lease stating that you CANNOT access it for any reason, it is part of the leased premises. A landlord is required to maintain the structural integrity of his leased property. If a tenant goes up into the attic and falls through the floor and the house ceiling, this is a structural issue which is the LL's responsibility. If this is the case, the tenant is fortunate not to have fallen right through and sustained serious physical harm - and the LL likewise since the damages would be his responsibility.

Quote:
Originally Posted by Slaggyc View Post
My roommate just called our landlord and asked if he could wait to have it cleaned so we could sample it. He said no, it's an emergency and he's coming in to clean it without 24 hour notice because of that. He said if we wanted to pay someone to test it later they would be able to still find mold after he cleaned it because they are good at that.

I think we are going to go stay at a friend's house about 45 minutes away just to be safe. We are nervous and not much we can do on a Sunday.
If all that mold has been there for three months and none of you has felt ill then it's probably not a toxic mold. If you have Q-tips you can easily swipe samples of the mold and bag them separately documenting where they come from and have them tested yourself at a local lab. In any event, your LL obviously has no interest in having the mold tested so read through your state landlord tenant laws as suggested and call whatever health department is listed and they'll come out and test.
Rate this post positively Quick reply to this message
 
Old 11-27-2011, 11:04 AM
 
16,380 posts, read 19,649,118 times
Reputation: 14297
You are responsible to fix the hole in the ceiling. That was the drywall celiing that was attached to the 2x4s. Your roommate should have crawled only on the wood supports and should not have stepped into the drywall. Typicall crawl space attics are designed this way and do not have floors for walking on.

Crawl space attics are NOT enclosed living space. They have vents (through roof and eaves) which allow air flow from the outside. Since they are not enclosed living space, I would expect some mold or mildew up there. You do not live in the attic and do not breath the attic air.

Your concern should be any mold that is inside your premises.

Just because you see someone that appears to be mold, it does not mean that it is the toxic mold. It could be mildew. It could be mold that is not toxic mold. There are many varieties of mold and they don't have health affects. Mold/midlew can easily be removed from hard surfaces (pipes, tubs, tile). Sounds like this is what your landlord is going to do.

I think you might very well be going overboard with fear by looking in the attic when you don't live/breath attic air. Also going overboard by moving out before knowing whether this is mildew or mold on the inside, and if mold - is it toxic mold. Only if it is toxic mold would you then take action to protect your health.

I think toxic mold is black. If you found multi-colors under the cabinets, might be mildew or non-toxic mold.
Rate this post positively Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top