Ask Me Help Desk - Unlawful Detainer

Unlawful Detainer

I refused to pay my Feb. rent because my landlord has not taken care of the black mold problem. She filed an unlawful detainer on 2/23 to have me evicted - no notices given. This went to court 3/13 and I was told that I had to pay Feb. and March rent (lease is up) and have 10 days to get out for her to fix the problem. The 10 days is up this Friday. What should I do?

I don't understand, were you evicted or you have to get out of the apt this Friday so she can fix it and then you can come back?

Please explain a bit better, if they are fixing it and you aren't evicted then you got what you wanted, you can't be there while they replace the drywall though.

If the courts ordered you out in 10 days you need to follow that order. Your better option would have been to notify your landlord in writing of the defect some time ago. A landlord needs reasonable time to make repairs. I would have vacated the moment I found black mold and let her try to sue me for back rent.

Quote:

Originally Posted by Lowtax4eva

I dont understand, were you evicted or you have to get out of the apt this friday so she can fix it and then you can come back?

Please explain a bit better, if they are fixing it and you arent evicted then you got what you wanted, you can't be there while they replace the drywall though.

** I have been evicted to be out of the house by 3/23. No, moving back in after she fixes it. This has been going on since I moved in last April 2006 - she promised to replace the roof-nothing has been done. November the mold was noticed growing through the sheetrock in my son's bedroom and then all the way through the front bedroom closet. My clothes were covered with mold growing on them. She has been notified by phone and in person multiple times. She and her husband have looked at it - still nothing. Jan. 2007 I refused to pay the rent until the roof was fixed. IT was replaced end of Jan. I paid the rent. Still nothing done about the mold. Feb. I told her I wasn't paying the rent until the mold was taken care of. She came over on the 19th, washed walls with bleach and repainted over top of the mold. I have been severely sick - even had mold spores growing in my lungs on x-ray. My doctor has written legal notices to take to court.

I still was given 10 days to move out, permanently.

What's wrong with this picture?

It sucks that they didn't do the work needed, but why would you want to stay in a place that is mold ridden and making you sick? You should want to move out surely? Either way you have been evicted for not paying your rent, so I guess you have no choice but to leave.

Agreed, if you had the time/money you should get a lawyer to have the lease annulled since they aren't taking care of the place and you have a doctor to prove medical problems this has caused you. You may even be able to sue them for medical bills if you have copies of all the letters to the landlord about the mold problem.

I would agree with the move out part, I'm sure you can find a decent apartment without all these problems.

You were ordered to leave, so you leave. If the lease expires at the end of March, I would have assumed that you planned on moving anyway given the circumstances. Why would you want to stay?

I would have found an apartment that would be ready during March and moved into it.

You can't just not pay rent, no matter what the reason. You should have put the rent money into an account that you could show you had set aside the money.

Yes it appears you just did not pay, the proper procedure , at least here, is to file a motion in court, set up a escrow account that the owner is notified of, and pay your rent each month into that accoung

Then you are taking them to court.

But if the court has ruled on it, there is little left to do but to get out before the physcially remove you

The court will not accept rent if the tenant is not up to date in payment. January's rent was not paid.

I don't know what state this happened in, but if there was snow on the roof, this may have caused a delay of repair.

Not all mold that is black is "black mold". Without expert witnesses, it is very hard to prove.

Hopefully the landlord will be able to do a final fix on the roof and mold problem. Using a bleach solution, waiting for the wall to dry and then repainting is what is often done.

It is a shame that an eviction will now appear on the credit report and in court records for all to see. This may affect your acceptance by other landlords.