A worker of mine is sick, his kids and wife are sick. Their apartment flooded in Nov of 2010. Nothing has been done. Same carpet and black mold coming out of vents. He keeps calling but they never come. He can't afford to break lease and he has no place else to go. I am wondering what is standard actions for an apartment when this happens? I feel they should have put them in another apartment and fixed his or just given them a new apartment. He has hospital bills now. What is he suppose to do?

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Originally Posted by jp_perry

I feel they should have put them in another apartment and fixed his or just given them a new apartment. He has hospital bills now. What is he suppose to do?

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Hello jp:

You SAY he can't afford to move. I SAY he can't afford to stay.

Of course, they SHOULD have reacted better, but like some people, they need to be FORCED to do the right thing. Your worker DOES have rights and he can FORCE his landlord to act. He just needs to assert them. He can find his rights in his states landlord tenant law and his lease.

Once he has determined his rights, he needs to DOCUMENT his complaints before the courts will step in. So, instead of just CALLING his landlord up on the phone, he needs to write his landlord a certified letter sent return receipt requested...

In fact, once a landlord receives a letter like that, he knows he's been caught, and he BETTER address his tenants needs or he'll get sued...

By the way, his landlord breached the lease by NOT doing what he was contracted to do. Once broken, your worker can't break it again.

excon

Yes, he can't afford to do either. Thank you for your help. He has documented his efforts. He is trying to avoid legal steps. But, the apartments are not helping.

Hello again, jp:

He can't afford what?? Letters are cheap, and so is small claims court. I KNOW they're not helping. He needs to MAKE them help, and he CAN.

excon

Hello again, jp:

I think you're writing a response to me as I type this, but I didn't want to wait.

Your worker has POWER to fix his situation if only he would use it. If nothing more, and not knowing which state we're talking about here, he IS covered by what's known as the "warranty of habitability". All states recognize it. What it means, is that he is guaranteed a "habitable" residence... One covered in BLACK MOLD isn't habitable...

He can MOVE his family into a hotel TONIGHT, and MAKE the landlord pay for it. He has that right. He only needs to know HOW to assert it. That's why you came here, isn't it?

excon

Thank you for your help excon. We are in Texas. I'm sure all states have the same laws when it comes to occupancies health. I was saying he can't afford to stay or leave. But, I will definitely let him know he can be reimbursed for Hotel and if not I am just going to put them in one myself. I will take your advice and have him write and call daily. I am also going to contact Texas Health Board. Thanks again excon.

Hello again, jp:

Go git 'em.

excon