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    ezletzpla's Avatar
    ezletzpla Posts: 5, Reputation: 1
    New Member
     
    #1

    Jun 17, 2008, 07:15 PM
    Break lease due to water damage and mold
    My roommate and I have rented an apartment for 4 yrs in durham nc. We are moving out 2 & half months before the end of the lease. We have always had problems with the central air a/c. it basically freezes up 2 to 4 times a day and surprise we have water damage all around the unit. We have called and submitted many maintenance requests. At first they would try fixing it but after awhile they wouldn't even respond. Fall and winter would come and it would be fixed (probably because who uses a/c then). Well this past month we have noticed mold growing on the ceiling. We have reported it and nothing has been done. My roommate wants to just pay the last two months rent and be done with it. Any way we could get out of the lease and save some money. My room is within 5 feet of all this and I'm a little concerned with my health... I was just blaming things on allerges to pollen getting worse but now reading about mold I'm not so sure. We talked to the front office and they don't care. Any advice would be great. Thank you for your time. Es
    IM4U's Avatar
    IM4U Posts: 156, Reputation: 16
    Junior Member
     
    #2

    Jun 17, 2008, 07:26 PM
    There may be helpful info or links here.

    Click on AT&T - Web Search

    Then click on any title below the "GOOGLE" line.

    Even when feeling mistreated..
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #3

    Jun 17, 2008, 07:30 PM
    Write down all the times you contacted them about the AC and the mold
    And when and what was done about it. Contact the Health department.
    Take pictures of the mold.

    Not saying you can get out of the rent but you should make them responsible to remedy the problem.

    Mold in Apartment

    Send the landlord a copy of these sites so they are aware of the seriousness and explain you do not want to have to take them to court for medical bills.
    Mold Insurance and Litigation

    Mold and Mildew
    ezletzpla's Avatar
    ezletzpla Posts: 5, Reputation: 1
    New Member
     
    #4

    Jun 18, 2008, 10:47 AM
    Thanks for the help. I'm trying to find out what the tenants rights are for NC. I haven't had any major health issues besides sore throat and running eye (really annoying). My roommate got lymphatic cancer while living there so I'd imagine a lot of health problems (not sure if you could make a case there though). Also good to know we moved most of our stuff out today and found a bullet lodged in the drywall in my bedroom... I had wondered where this large chip in the door came from. I talked to my roommate today and he has some older pictures of the damage and copied letters he sent them about terminating the lease if nothing was fixed that were sent months ago.

    I was going to take some info from the mold sites (making sure to note I am not an expert) to the dept head's attention and show her actual pictures of the current "fixed" condition on the apartment and the mold. If she did nothing, then I was going to setup something with the health dept... or do you think I should just contact the health dept now and burn that bridge? Thanks for all the help again. Es
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Jun 18, 2008, 10:57 AM
    What's going to happen is your landlord is going to sue you for the unpaid rental. You will countersue for your deposit back. You will then go to court and show them the history of maintenance requests with the lack of response. In all likelihood, the judge will rule in your favor. The worst that can happen is you will be required to pay the rental.
    IM4U's Avatar
    IM4U Posts: 156, Reputation: 16
    Junior Member
     
    #6

    Jun 18, 2008, 11:28 AM
    AT&T - Web Search

    Maybe some of the websites listed here can help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 18, 2008, 11:54 AM
    Quote Originally Posted by IM4U
    AT&T - Web Search

    Maybe some of the websites listed here can help.
    There is already a sticky at the top of this forum with links to state landlord tenant sites.
    ezletzpla's Avatar
    ezletzpla Posts: 5, Reputation: 1
    New Member
     
    #8

    Jun 19, 2008, 12:56 PM
    Just in case anyone wanted to know. I called a free legal service in nc (legalaid) and they advised us to pay the rent through the court house with a money order so we aren't breaking the lease. If we just didn't pay rent and left, they could take us to court and then we would have to prove they broke the lease by not fixing anything or pay double for each months' rent missed. We will now file a claim against them and try to get those months of rent back...
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Jun 19, 2008, 01:07 PM
    That is best even though it can put you behind in money it should make you look better in court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jun 19, 2008, 09:39 PM
    Quote Originally Posted by IM4U
    AT&T - Web Search

    Maybe some of the websites listed here can help.


    Again - please stop listing this same website (or any other website) with a "you can find it here" note.

    People post here because they want an answer without having to look up the information, sort through it, digest it.

    If you want to help, please look it up and post it. What you are posting on the legal boards is neither legal info nor helpful.
    ezletzpla's Avatar
    ezletzpla Posts: 5, Reputation: 1
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    #11

    Jun 21, 2008, 09:46 PM
    More problems. Well my roommate decided it's not worth the trouble paying rent to the court and going to court so he is just going to pay next months rent of $800 (we alternate months of paying rent) and I'll be responsible for the last months rent. He is concern with it affecting his credit (I don't see why it would because you are still paying the rent.. just having the court decide if we shouldn't be responsible for the last two months) and being on his record. I still have a meeting with the front office next week to try and reason with them. If they don't want to, my friend suggested to subpeona the front office for all requests we have sent them and go to small claims court for my half of those two months rent. At least if they can't produce all the requests that we have.. it will show something is up. Also to send a certified letter to them requesting a mold professional deal with the mold (b/c it can sometimes be toxic/deadly), have the housing inspector inspect the apartment, and send certified letter to the property management company the oversees the leasing department to see if they will be reasoned with. I guess it will be more of an option A or B meeting. Option B would pretty much just be annoying to everyone.
    ezletzpla's Avatar
    ezletzpla Posts: 5, Reputation: 1
    New Member
     
    #12

    Jun 28, 2008, 10:54 PM
    Landlord agreed to let us out of the lease early... and they actually started doing some work to the apartment. They ripped out the entire wall that had water damage and the entire section of the ceiling that had mold. Just wanted to include how it ended. Thanks for the helpful information. ES
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
    Full Member
     
    #13

    Jun 28, 2008, 11:05 PM
    Often, we may not actually have the info requested, but know where to find it. Isn't it a part of the purpose to help in the ways we can ? Usually, something gets lost when we pass things along. Isn't it reasonable to think that someone with access to a computer, and obviously this forum be able to click a link ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #14

    Jun 29, 2008, 07:58 AM
    Quote Originally Posted by westnlas
    Often, we may not actually have the info requested, but know where to find it. Isn't it a part of the purpose to help in the ways we can ? Usually, something gets lost when we pass things along. Isn't it reasonable to think that someone with access to a computer, and obviously this forum be able to click a link ?

    It's my understanding that "we" translate the site, just don't say, "here, look here." A LOT of people just can't muddle their way through the legal language, understand how it pertains to their situation -

    Some members say "here is what it says" and quote - and then say what it means.

    Maybe a moderator will come along and explain what policy or preference is -

    It takes absolutely no skill or knowledge to look up a site and then post it without first explaining how it is pertinent - a lot of the posted sites (and I'm not saying anything you have posted) have absolutely no relevance to the question but resulted from a Google search and the member simply posting the site without reading it.

    The entire State of Florida criminal code was posted once in answer to a simple question.

    Moderator - ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #15

    Jun 29, 2008, 02:13 PM
    Quote Originally Posted by westnlas
    Often, we may not actually have the info requested, but know where to find it. Isn't it a part of the purpose to help in the ways we can ? Usually, something gets lost when we pass things along. Isn't it reasonable to think that someone with access to a computer, and obviously this forum be able to click a link ?
    May I suggest you look at the difference between responses #2 & #3. In #3, some specific advice was given along with some specific links to check out. Response #2 was just a general search that anyone can do. It was #2, that was (rightfully) objected to.

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