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I think there is mold somewhere in my apartment.I can smell it but can't see any.The smell is in the living room and bedroom.
The landlord won't do anything since I can't see any mold.
I had to go to the ER because of symptoms of mold.
This is the 2nd place I have rented from the same rental company.The 1st place had mold in the bathroom so they moved me into this place.
Is there anything I can do besides move to another place?Is the landlord liable?Are they required to pay my dr. bills etc...
Unless you can prove that not only is there mold but that there is also, a air quality issue.
You can hire a professional environmental enginner to test the air.
They are liable to provide you with a habitable home. You would need to sue them for damages and that puts the burden of proof on your shoulders. Hard to prove your illnesses are caused by their mold since you have not found any yet.
I haven't seen any mold yet. The last place I lived had mold in the bathroom(in the floor) same landlord. That landlord moved me to this place because of it. My neighbor where I live now had mold last year.(under the carpet)Quote:
Originally Posted by ballengerb1
You can ask again for another apartment or to be released from your lease due to uninhabitable structure. What were your symptoms and how were you treated?
I had shortness of breath,rash,headache are just a couple of symptoms. In the ER they had me on a heart monitor for 2 1/2 hours,they gave me two nitro. Because of my breathing and pressure problems (136/92). I was in the hospital for 4 hours.I also had to go see a heart specialist. I am still recovering, I still have some shortness of breath at times.
Sounds like the mold is inside walls, or in ceilings and/or under floors. See my post in this thread; https://www.askmehelpdesk.com/real-e...-399885-2.html
There is also some good advice in that thread that you might want to consider. You could do an inexpensive home test before you pay the experts to come in. A home test can indicate if there is a mold issue (I did one that involved poking a small hall in the wall, and putting a swab in, then using a solution that changed the swab color from green to purple. This tests for mold proteins, but you need more sophisticated tesing to show that the mold is actually a health hazard), but not how much or what kinds. A hygrometer that indicates humidity levels can be a good indicater, if 55% or more, the environment is ripe for mold growth. Mine varies from 55 to 70%, with an average of 60% on a constant basis. I had asthma and anxiety attacks (sounds like you may have been hyperventilating from a similar reaction. You can present symptoms of tachycardia and hypertension/hypotension). Have you see a doctor for follow-up treatment? Are you using medication(s) to treat symptoms? You need medical proof and environmental testing proof to present to your landlord.
Whether you find mold or not is meaningless UNLESS a Physician states without a doubt that the symptoms are caused by exposure to mold.
Home tests to "prove" mold are "usually" not acceptable or taken seriously by the Court. You need a professional to testify how the sample was taken, what tests were run, what the outcome was.
I do a fair number of lead poisoning/paint investigations and it's the same procedure.
EDIT: If "you" open the wall and there IS mold, then you are responsible for reporting it immediately and if anyone becomes sick from the new exposed mold, "you" are responsible. Leave this to DEC and other professionals.
Quote:
Originally Posted by DisabledinMD
Instead of "quoting" yourself, please quote the experts (including an Attorney) who posted on that site. Your information could very well get someone in worse trouble than they are already in.
Quote:
Originally Posted by JudyKayTee
Who said that home tests were admissible in court? No one. OP was already told they needed a professional. But before putting out the large sum of money, when mold may not be the issue at all, a simple screener could be done that might indicate a problem. I don't know about you, but I don't have $250 to $475 available to pay the pros. And I needed something to at least get my landlord to even look at the wall. I wanted to make sure that my suspicions regarding it being mold were correct.
And no one said anything about opening walls either. Most screening tests don't involve opening anything. I said that I used one with a solution on a sterile swab, that I poked a small hole in the wall (which is easily plugged once you take the sample). The hole was less than a diameter of a pencil. And the test got the attention of my landlord as I went to the manager immediately, unfortunately, they (the landlord) didn't take your advice (or what the attorney, health department and mold testing company advised should be done), as they did not bring in professionals at all. They just came in, ripped out the lower walls, sprayed bleach, set up a dehumidifier for 5 days, and closed the wall up. The day they ripped it open, I ended up seeking emergency treatment for severe asthma atacks.
Quote:
Originally Posted by DisabledinMD
You poked a hole in the wall - that is considered to be opening the wall. You don't have to open the wall using a chainsaw in order to allow mold to escape.
DEC doesn't charge in my area. Perhaps they do in yourrs ($250 to $275). You should call DEC and report "them" for charging you or anyone else. People call the DEC and say "what do you think?" all the time. DEC shows up and tests. If I were your landlord and you showed up with some home testing I would pay little attention - I have no idea how/where/who the test was done... and maybe you're a chronic complainer.
Are you in Section 8 housing, by the way?
I wasn't "quoting myself", just linking to my situation as posted elsewhere, rather than reposting it here. Did you miss underneath where I stated " There is also some good advice in that thread that you might want to consider"? My "information" was relating my experience with the situation, exactly what part of that would get somebody in to trouble? Everything in that post was also what was related to an attorney. I suggested that the OP in this thread could be in a similar situation as mine, that there may be a mold problem, but it is not visible. And in the post I linked to, I also stated, regarding what advice was given in that post, "Pay for the pros to come out to do the testing, do the letter thing suggested and enclose the test results and something from your doctor(s)." Obviously in both OP's situations, they will need to get professional testing, communicate in writing with landlord, and have medical reports from their doctor(s) linking any medical problems to mold exposure. And at some point, talk to a lawyer (or several), which I have already done. Lawyer suggested Health Department regarding testing, Health Dept referred me to professionals. I have been following advice of an attorney, who also said to communicate in writing with landlord.Quote:
Originally Posted by JudyKayTee
Read #11 in this thread.
"There is ALSO some good advice ..."? ALSO some good advice, other than yours?
Time to close this thread.
Interesting, attorney never said I did anything wrong by doing the test. The hole was big enough to poke the sterile testing swab through. And, as I said, plugged afterwords. I told Health Department and mold testing companies they referred me to that I did the poke-in-the-hole swab test. No one pointed out anything wrong with me doing that. The wall had a small hole for less than a minute. Not that it really makes that much of a difference, since wall is bulging out slightly, nails protruding, and drywall tape is tirn at the seams. All of it pictured and documented first by myself, and by the housing director at Rural Development the following day.Quote:
Originally Posted by JudyKayTee
The lady from M&M Environmental (who is the one I will probably end up hiring, as they are the $250 one, and came highly recommended by the Health Dept's Housing Inspector.) said that they most likely would use the hole I made for their testing, as well as place 1 or 2 of their own.
Who is DEC? The attorney I consulted with sent me to the Heatlh Dept. If you read my posts, Health Dept and the Housing Inspection division, will not do inspections, unless there is visible mold. When it comes to doing interior wall testing, you are on your own.
Landlord didn't act based on just that test, it was also based on my increased asthma symptoms following that major leak above my unit, that cause water to run down the interior of that wall for 5 hours, the fact the wall was never ventilated following the leak, and my doctor's visit. Which the story of was stated in that post in that other thread I linked to.
As to your last question, that was also already stated in that other post, the one you obviously didn't bother to take the time to read. Does it really matter what kind of housing I'm in? If I was a 'chronic complainer', I'd hardly think that Rural Development would be siding with me, rather than landlord. Anything I have complained to Rural Development about, was justified, and they have always taken my side over landlord. I am also not the only one with issues. Two other residents have had respiratory problems following leaks in their units. One won't actually do anything, because she is afraid of being evicted if she did. Though landlord has not taken a single action against me, no citations, no warning, nothing. They can't, because they have no grounds on which to act. The other resident has also been in contact with Rural Development, and is considering possible litigation. So, it's not just me.
You obviously have a reading comprehension problem, how about quoting me accurately, instead of snipping out what you want, "There is also some good advice in that thread that you might want to consider." It clearly states that OP should read the thread I posted in, as there is also good advice to be found there. Never said "In addition to mine." Never said that mine was 'good advice' either. Again, my post there wasn't so much an "advice" one, but a recreation of my own experience.Quote:
Originally Posted by JudyKayTee
You can't elaborate the specifics that you have a problem with, so now you want to close the thread. How mature of you! This thread was essentially done, until you decided to get nitpicky. Have the last word, lady, I'm done with you, and this thread. You already have made up your mind based on your pre-conceived biases, so why should I even bother? Does this forum have an "ignore user" function, because you and 1 other person woukld be on it. I'll just do with you what I have started doing with the other, just ignore any emails I get with your name(s) in them, you can all have the last word and talk to the air, as I won't read or see it. Bye!
I guess it is up to the mods as to whether a thread is closed or not. If any mods have any problems with me, they can contact me directly. Until they say something to me, it's just your word against mine.
This is the legal forum.Quote:
Originally Posted by DisabledinMD
I realize that you have had some experience with mold in your apartment, but that doesn't make you an expert on the law.
Judy is a legal expert on this site. She doesn't guess. She does her research and when people like you come along and post, because you had a similar experience, it can often be confusing to the OP and the information is often incorrect, because your experience, although similar, is not exact, is not in the same state, possibly not the same country. There are a lot of things that need to be considered when giving legal advice, not just "oh, I had that happen to me and this is what I did and this is what happened". Each situation is different.
If you can post links to substantiate you claims, not links to posts written by you, but links to the law that back up what you say, then you would have something to add to this discussion. As is, you're just telling a story, not offering actual legal advice.
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