[TinaLee34]

Ok sorry but this may be a long one due to all the details but I am at a lost as what to do so aaccept my apology now. I am a tenant in a home that a friend of our owns in California. Prior to moving in the home was bought as a foreclosure and it was a total wreck. Agreed between our friend and ourselves that we would paint the home along with there help and make all necessary repairs in place of the first months rent. Remind you that there is no rental agrrement or contract. It took us 5 weekends to getthe home ready just for it to be liveable with no help from the owner. We pay $2,000 a month for a 1,098 sqft home that is not in the nicest of neighboorhoods. We moved in on November 10,2008 and paid our rent on the 10th of every month there after. After we removed all the trash left from prior residents (that the owner was to remove but two months later we could not stand it anymore so we paid someone to remove it and deducted it from the rent. Still waiting for new stove and working affixed microwave. I produced a walk through sheet and gave it to the agent that was representing the home (our friend) found out later his mother owned the home but he handeled any and all transactions pertainging to the home. The sheet gave info about things that we fixed but that still needed to be fixed and that there is a crack in the shower pan of the master shower and could be causing mold. Ex of things never fixed fence broken, microwave not working, bathroom faucet does not work, no smoke detectors (we finally installed them 2 months ago, broken sprinklers, no closet doors inone bedroom, seal broke on toilet leaking raw sewage smell into home (we fixed 2 months ago) overgrown tree breaking tiles on roof, 3 leaking faucets, dishwasher does not work properly, vertical blinds missing slats in master bedroon and kitchen, crack in foundation causing washing machine to leak water to outside of home just on and on. Well they never did anything withthat list so we have made other repairs along the way with my husband having his general be contractors license. About 3 months ago my kids started getting ear infections, headaches, migraine headaches for myself, my husband just not feeling good and friends complaining of a smell in the home that we just could not smell (guess we are use to it) So I gave our friend another list of things wrong anlong with a threat of withholding rent to get there attention. (I have the calif landlord tenant handbook) You can deduct repairs twice in a 12 month period in which we have exhausted with about 5 times. Then it says you can withhold rent so I followed it. When I gave him the new request of repairs he said OK well where is the rent and I proceeded to tell him that when the repairs are made I will pay the rent. His reply was thatis foul how you are doing me Ithought we were friends and my reply was I thought so to but instead you are taking advantage of the friendship and not making the repairs to the home that is needed. Well on June 1, 2008 his mother the actual owner showed up at our home and wanted to look at the repairs needed. Her own words that she never seen the inside of the property and that she declined a home inspection when they bought it. I explained to her that we believe there is mold in the walls due to the moisture from the crack and how ill we all have been. Her reply was bottomline its June 1 and you need topay the rent and again I said after the repairs or even a look into the problem I have no prblem paying. She called later that saying she was sending her plumber over. To our surprise her sons roommate showed up that is a window washer to make repairs. He went into master bathroom to fix faucet that does nhot work at all now then put some kind of putty over the crack thatis washing away with every shower taken. My husband took him into the other bathroom and popped off a plate under toilet and you could immediately smell the mold and his reply was "What is it I am suppose to be smelling?" So my husband left him in the bathroom and went into the master to see exactly what he fixed and the so called plumber walked out the door with out saying anything and left. So we thought they were sending someone else over. On June 2 we received a three day pay or quit saying we owe rent fro May1 - May31 -June 1 -30 in the sum of $4,000. Remind you that June rent was not even due until the 10th but they were demanding the monies. I hired a company to come out and do mold testing and I did the home tests. The company found 12 different molds from a swab sample and my air overloaded there machine with the quality the test cost me $675. On June 8 laying on my front lawn was the UD. A friend of mine works for the courts and pulled the proof of service for me and it shows that a man by the name of Joe hand served my husband on that day at 1:46pm whenmy husband was out of town. So I filed a answer to the UD showing the test results ashowing my husband was out of town on the day of service. We have a court date this Thursday. Now I have frantically been searching for a home to move and I know I owe money for living here for the months and I have no problem paying it but I don't think its right that the owner of the property can collect that kind of rent for these kind of living situations. All of the other homes in the neighborhood are renting for $1650 - 1800. And it upsets me that they can care less of the safety and health of my family. So I am searching for a home and using the money that was for rent to move. Its one thing to give a 30 day notice I am prepared to move but its another rto be forced to move due to the living situations. My families health worries me. These types of molds when you do research on them can cause liver disease, ms, kidney failure, breathing problems,headaches and that is just a little of the problems. So after this long drawn out problem what rights do I have? I contacted Health Department they gace me code enforcement they gave me environmental health and they gave me quality air control and they gave me patch that was no help. I am lost on what to do! She is a true slum- lord and I know she will will everything they seem to always do. Then I contacted better housing bureau and they toldme there is noregulationsto moldand alsotoldme that I shouldget out immediately due to his brotherscat died and a few days later he gotsick and went into a coma but there isno regulationsto mold. I have lots ofpictures documents to the mold a video of the home research to the different molds notarized letters stating the smell through the home of mold a few doctor bills my kids have health ins but meand my husband don't so wetry to use over the counter products to help. Please help! What else can I do to make the judge realize that the landlord is not fixing the situation and they are responsible. $2000 amonth is a lot of money to be paying for such a small home in the ghetto and all of these fatal problems since the day we moved in. Please help! Again I am sorry for it being so long but I wanted all the facts out there so you get a idea of the whole situation.

[froggy7]

First thing I would look into is whether they have a certificate of occupancy for this place. If not, you have more clout. Something that may hurt you if you go to court is that you knew the condition of the place when you moved into it.

[TinaLee34]

How do I find a certificate of occuapncy where do I look. I had a friend run a title check and I tlooks like they show themselves as tenants. And that it matters but they have not paid property taxes in over a year but it does show that they don't care to take care of theproperty just want the money from it.

[Fr_Chuck]

Well the rent is the amount you agreed to, if that was too much for a place in that area, why did you agree. And you knew it was in bad shape, why did you still rent it.

And just having mold does not make it "bad" it will depend on what the air quality is in the air, how many parts per million, so a air quality has to be done.

But if you were not paying the rent and saying it was not livable, they can evect you just because of the health risk, they are not required to fix it, they can just ask you to leave.

But normally to withhold rent, you can't just not pay, you have to set up a special escrow account and file suit to have things fixed.

[TinaLee34]

The rent amount is the minor of the issue. I just don't think paying that kind of rent is suitable for the conditions we are living in. I did have air test done and which they received a copy of it. But first off why am I the one that has to have the test is the landlord responsible for anything? The air test shows Sample Overloaded. Actual concentrations may be higher than reported. Penicillium and Aspergillus present in large clumps and/or chains of five or more spores. Now have you ever looked up those kinds of molds along with the other 11 molds they found in there air sample. Those molds are some of the most dangerous. Kidney failure,leukemia, esophagus cancer, anxiety, memory loss and so and so on. Now that is my concern. I have two kids that have been living in this for 7 months. And my first sheet I gave them said the crack in the shower may be seeping water into foundation possibly causing mold. And they never even looked into it. I have no problem paying them what is due but the fact of there should be some kind of law that has to do with landlords neglect and some kind of responsibility factors. Either way I am moving out of here ASAP my families health is more crucial than a eviction but I am concerned about the next person moving in. How would you like to move in with your kids and not know of the situation and you family becomes fatally ill?

[twinkiedooter]

Mold is nothing to ignore. As soon as you do find another place and move I would strongly suggest that you wash all of your clothes, bed linen and towels several times to get rid of the left over mold from this home. I don't know what you can do to get the mold out of your furniture, but wipe down whatever you can with 91% isopropyl alcohol to kill the mold spores.

Unfortunately there is nothing you can do to prevent another unsuspecting family into moving into this house.