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Home > Law > Real Estate Law   »   Landlord is slow to act on known mold/ground water issue

 
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Old Mar 6, 2007, 05:16 AM
ghook
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Landlord is slow to act on known mold/ground water issue

My landlord is slow to act on issues in the house. So much so, I stopped calling for minor repairs, which I do myself, and only ask for resolution to the one serious issue. The ground is low around the house and we get ground water coming in from the seam between the basement door and the outside steps to go up to ground level. There is a sump pump and french drain that does not work well in heavy rains. That's when we get a nice flow coming in under the door down the basement floor like several branches of a river to the sump pump.

This issue has been going on for two years. Everything they do are cheap stop gaps that are temporary fixes. Two examples: they painted inside wall with sealant (water ran over the paint in the next heavy rain) and now they make two holes in the wall of the outside steps to have the water go into the drain to shallow french drain to the sump pump. Plus this is the third cheap sump pump that has been placed in the house.

Now I found mold in several areas of the basement and in the one of the bedrooms above it. The landlord sprayed it with bleach and told us to continue to do it, but you can see it is embedded in the paint and in the joints of the cinder blocks. A contractor friend mentioned getting an inspector, but why should I pay for this?

Just the past four months my allergies aren't settling down with my medication, my daughter is having issues with nasal congestion that has been going on just as long and we are due to have a new baby in the house soon.

What steps can I take to get the landlord to finally resolve this issue. We have decided to move if they do not fully repair it this year. With the baby coming and our health concerns is there a way we could get out of the lease early if we do not receive satisifaction this time?

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Old Mar 6, 2007, 06:21 AM   #2  
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Since this has been going on for 2 years it is unlikely the landlord will fix it at all. He will simply wait for you to move out and then rent it all over again. Your best bet is to take him to court and break the lease. Maybe the threat of a court appearance will be enough incentive to let you out of the lease. But the mold issue is definitely unhealthy and no court in the country would expect you to live there. Stick to your guns and let him know you are unwilling to put up with this unhealthy condition. You could also ask the court to order him to pay your attorney fees and court costs. I know its a pain, but you are in the right. Good luck.
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Old Mar 6, 2007, 02:13 PM   #3  
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Not all mold is black mold, most is just mold. It is unfortunate that you are living through this, and it is probably in your best interest to move when the lease is up. It would be difficult on any tenant to have to live in the house while the problem is being fixed correctly (which may be the reason for the partial fixing). If you call the health department, they will most likely tell you that any inspection will have to be paid by the tenant. If it is found to be a health issue, you will be looking for another place to live immediately. Most landlords have a clause in the lease that states if the property is found to be uninhabitable the lease will terminate, without expense to the landlord or tenant. That's fine for the landlord, but you will be looking for a place to live with no warning. Spray the mold with a bleach solution. Move at the end of the lease so there is no financial ramifications for you. You could always mention to the landlord that the problem of the mold is worrisome and see if he will let you out of the lease with a 30 day notice. If he will not, then I would leave at the end of the lease. I know this isn't what you want to hear, but it is a realistic outcome for the situation. Unless you can prove black mold and that it caused a health problem, there is no court case. If you leave before the end of the lease, yes, you may end up in court as the defendant...........at which time you can file a cross complaint and attempt to prove the mold issue caused health problems. This would not only be difficult but costly.
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