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We had mold in our apartment so we started raising the issue with the landlord on the 9th- we said we were not paying our rent until someone came and addressed the problem. He usually ignores us but that threat got him there.
Who had his crew come in and clean it unprofessionally, they just put up new sheet rock didnt clean the stuff in the walls Im sure it will grow back in now time ( garage apartment).
We informed him that we had bought and sent out mold test kits to the lab to see what we have been living in.
I have been suffering from an eye allergy caused by mold ( and other things) and sneezing and coughing so much more than a few years ago.
It actually took a week long honeymoon and dog sitting assignment to show me just how much better I feel when I am not here in the apartment daily.
We also raised the issue of tree branches looming over our drive way - back in 2010 he had to pay to fix my car bc his insurance person found that the branches were dead and I was in the right.
They are still there- and with them calling for a bad winter I requested again they be cut. He said he was callng to get an estimate.
Our last complaint that he fixed was a leak in our roof. We have been putting out a bucket everytime it rains for two years bc his roof leaks ( probably mold there too) the no licensed roofer he had told him the conditon of his apartment is very bad.
Well my guess is the tree branch estimate was too high, and the mold issue hed rather not fix bc we received a notice to quit in our mail box on the 14th. Dated the 11th. Siting unpaid rent as a reason he is terminatig our lease. (He cahsed the check on the 13th.)
Its not a official notice like the one on the ct.,gov site- its language is the same (with the exception of his saying her terminated our lease) but there is no official form where the Marshall would write and we would sign etc.
My guess is maybe he will have the mashall come after the 17th ( 3 days to move yea right) - Dont we have to have a notice from the marshall as our first step in the process.
So how long do we really have to move out? - keep in mind he has cashed our rent check ( dated on time) for this month but on the notice to quit it says any rent collected after the 11th will be used an use and occupancy and legal fees ( hes a lawyer- funny)
.
If this isnt an official notice to quit served by a marshall Is this an official termination of our lease meaning we are no longer bound by its terms? - Im afraid he will turn around and say WE broke it by moving
If we move out can he try to collect any future rent for us (our lease wasn't up until April)?
Last edited by Sparkle030; 09-16-2012 at 01:11 AM..
Your landlord is a lawyer, and you've thrown out what appear to be threats to not pay and to make your tenancy legally "messy" by complaining about mold and "dangerous" conditions.
As a landlord, I'd be looking for an excuse to put you out of my unit as well if your complaint to him was worded anything like your posting here.
Whether or not that was your intent, when you say "mold" to a landlord, you're awakening visions of deadbeat tenants with shyster lawyers living rent-free for years while claiming damages for phantom "health problems".
Every single home in the US has mold in it.
Without mold, there would be no cheese in the world, and that would be pretty sad IMHO.
Repairing a roof leak and replacing the drywall is a good repair - having that same repair done by a "mold remediation company" can inflate the cost tenfold, with absolutely zero benefit to you.
We had mold in our apartment so we started raising the issue with the landlord on the 9th- we said we were not paying our rent until someone came and addressed the problem. He usually ignores us but that threat got him there.
Who had his crew come in and clean it unprofessionally, they just put up new sheet rock didnt clean the stuff in the walls Im sure it will grow back in now time ( garage apartment).
We informed him that we had bought and sent out mold test kits to the lab to see what we have been living in.
I have been suffering from an eye allergy caused by mold ( and other things) and sneezing and coughing so much more than a few years ago.
It actually took a week long honeymoon and dog sitting assignment to show me just how much better I feel when I am not here in the apartment daily.
We also raised the issue of tree branches looming over our drive way - back in 2010 he had to pay to fix my car bc his insurance person found that the branches were dead and I was in the right.
They are still there- and with them calling for a bad winter I requested again they be cut. He said he was callng to get an estimate.
Our last complaint that he fixed was a leak in our roof. We have been putting out a bucket everytime it rains for two years bc his roof leaks ( probably mold there too) the no licensed roofer he had told him the conditon of his apartment is very bad.
Well my guess is the tree branch estimate was too high, and the mold issue hed rather not fix bc we received a notice to quit in our mail box on the 14th. Dated the 11th. Siting unpaid rent as a reason he is terminatig our lease. (He cahsed the check on the 13th.)
Its not a official notice like the one on the ct.,gov site- its language is the same (with the exception of his saying her terminated our lease) but there is no official form where the Marshall would write and we would sign etc.
My guess is maybe he will have the mashall come after the 17th ( 3 days to move yea right) - Dont we have to have a notice from the marshall as our first step in the process.
So how long do we really have to move out? - keep in mind he has cashed our rent check ( dated on time) for this month but on the notice to quit it says any rent collected after the 11th will be used an use and occupancy and legal fees ( hes a lawyer- funny)
.
If this isnt an official notice to quit served by a marshall Is this an official termination of our lease meaning we are no longer bound by its terms? - Im afraid he will turn around and say WE broke it by moving
If we move out can he try to collect any future rent for us (our lease wasn't up until April)?
First have you gone to the Dr. to make sure you don't have some sort of allergy that is caused by something else and not mold? Second when you figured out you felt much better after being out of the place for a week why didn't you start looking for a new place right then? Did you put your repair requests in writing? What does your lease say about repairs and paying the rent late? You should also do a bit of research and look for the eviction laws for you state and find out from the actual law what your options and timeframes are.
2. You seem confused. Lease termination is not the same as eviction. I doubt that the former would involve law enforcement.
3. Typically, the notice period is the same as the frequency of your rent payments. If you pay rent every 2 weeks, you can be asked to leave within 2 weeks (at least in CA).
4. Rent non-payment can be bad for you (credit scores, etc.). I wouldn't do it without talking to an attorney. However, you probably shouldn't have to pay rent for an uninhabitable unit. In some situations, you can withhold rent to make repairs.
5. Document everything, including your medical expenses, your communication with the landlord, etc.
6. There are mold test kits, but you may want to have the unit professionally tested for documentation purposes.
7. There may be laws preventing your landlord from retaliating, even when it's otherwise legal for him to terminate your lease. However, why would you really want to live there?
If you can wade through the OP, the LL DID fix the mold to the extent of having the sheetrock replaced. The poster claims that the workers were "unprofessional", didn't do anything about what was behind the sheetrock and that she is "sure it will grow back". Whether or not that's true, the problem was taken care of for all intents and purposes.
And she did send out mold samples to a lab but hasn't yet received back the results.
The LL has said he's looking into estimates as far as the tree is concerned. It's unclear whether the leaking rood has been fixed or not from what the OP says but if she's been living with a leaking roof for two years and it was such a huge problem then surely she would have addressed it properly (as in, in writing in accordance with state law) a long time ago.
There seems to be rather more involved in this than what appears on the surface and the OP would be well advised to read her state's landlord tenant laws (no doubt linked in the first "sticky" on this forum) before jumping to conclusions.
You paid your rent on time? When was the due date and when did you pay it?
Maybe he is terminating the lease because you were late with rent and he you broke the lease by being late with rent.
It doesnt matter if the roofer he used is not licensed.
It your rent was late and if you are saying you will not pay future rent, then likely, per the law, he can terminate the lease. This is because you likely broke the lease by being late and/or refusing to follow the terms of the lease(pay rent.)
He figures get you out now since you sound like you plan to sit it out as long as you can without paying. The longer he leaves you there, the longer you stay for free. He is resolving this buy terminating your lease which is broken anyway.
You should move asap. Dont wait for a real eviction...get out before it ruins your credit and stays on your record for many years in the future.
Why do you seem to want to wait until the marshall gets involved. Have you "overstayed your welcome" before in rental units by not paying? Sounds like the answer is likely Yes if you know about the marshall part and what the official documents look like. Most renters have never seen such documents. Sounds like you have been around the block as far as being a tenant.
Your landlord is a lawyer, and you've thrown out what appear to be threats to not pay and to make your tenancy legally "messy" by complaining about mold and "dangerous" conditions.
As a landlord, I'd be looking for an excuse to put you out of my unit as well if your complaint to him was worded anything like your posting here.
Whether or not that was your intent, when you say "mold" to a landlord, you're awakening visions of deadbeat tenants with shyster lawyers living rent-free for years while claiming damages for phantom "health problems".
Every single home in the US has mold in it.
Without mold, there would be no cheese in the world, and that would be pretty sad IMHO.
Repairing a roof leak and replacing the drywall is a good repair - having that same repair done by a "mold remediation company" can inflate the cost tenfold, with absolutely zero benefit to you.
RE the LL...He may, or may not be able to immediately put them out. They do need to seek legal counsel from a real estate lawyer about the rental issues....and call the health department and report the mold situation. No one else should be living in those conditions either. What you LL is afraid of is a Personal Injury Lawsuit.....Your health issues you described....See a personal injury attorney.....and don't sign any releases for your LL regarding your health etc.. I am not an attorney, but I was a Disaster Worker for 3 years....I have personally recovered a flooded home, and did extensive research as a disaster worker. Do not mess around w/ mold issues....Some molds can kill you. Do your research, educate yourself.
Last edited by JanND; 09-16-2012 at 07:24 PM..
Reason: edit
RE the LL...He may, or may not be able to immediately put them out. They do need to seek legal counsel from a real estate lawyer about the rental issues....and call the health department and report the mold situation. No one else should be living in those conditions either. What you LL is afraid of is a Personal Injury Lawsuit.....Your health issues you described....See a personal injury attorney.....and don't sign any releases for your LL regarding your health etc.. I am not an attorney, but I was a Disaster Worker for 3 years....I have personally recovered a flooded home, and did extensive research as a disaster worker. Do not mess around w/ mold issues....Some molds can kill you. Do your research, educate yourself.
Mold from floodwaters is far different than a patch of wet drywall from a leaky roof that is repaired promptly. (as was done in this case).
If the op was truly worried about her health, she would be packing, not picking fights with her landlord.
You should do your research as well - every house has mold. Deal with it.
OP....Here is a blog related to mold lawsuits with some valuable information and resources for you. http://moldblogger.com/examples-of-mold-lawsuits/
Also, the Center for Disease Control has some valuable information...here is just one link on their site specific to mold....http://www.cdc.gov/mold/links.htm
I think folks can research and decide for themselves whether they have mold that is hazardous. Mold isn't only caused by flood waters. I would never suggest as some are that folks just "deal with it" especially as some molds can cause horrific illnesses and death. I provided the links, just a few among many....I trust that discerning folks will follow the guidelines outlined by professionals.
Last edited by JanND; 09-16-2012 at 09:17 PM..
Reason: link
So your "authoritive" link is to a site called "mold blogger" where they have handy links to buy test kits for mold and ads for cash advances for mold litigation. Nice.
Did you read any of the government links on mold?
The advice from the EPA regarding mold is simple, clean it up and fix the leak. (as the landlord has already done!)
There is no legal standard for an "acceptable" amount of mold spores inside a home, and every home has them.
The EPA even advises against home test kits, because they *always* come back positive.
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