[mi_eash]

Hi guys I really need some input on the situation I'm currently in. Two weeks ago we had some heavy rain and my bedroom closet got really bad water damage. I had $1300 in personal property that was completely destroyed. I reported the incident immediately to my landlord, who sent a maintenance person over to inspect the damage. He then went upstairs and confirmed that there was water damage in the top apartment as well. 3 days later maintenance went up and "fixed" the damage to the vacant apartment. They stopped in and said they'll be back in an hour. 2 weeks go by and they never return. Mold is everywhere in the closet and even on my bedroom wall. I am unable to sleep in my bedroom because of it. I wrote my landlord a letter after the two weeks went by and demanded to be moved out of the apartment, as I do not want them to be tearing down moldy walls as long as I'm living here. I gave them a deadline of this coming Wednesday. They wrote me back and said "it is not our policy to move residents due to slight rain damage". Follow the link below to a .gif slideshow with pictures of everything- this is hardly slight rain damage. If they had fixed the damage immediately I would only need compensation for my damaged belongings. Now, however, I need to move out of here asap. If they do not move me to another apartment by Wednesday, I will move into another apartment complex with a different company. So now my question- what compensations are due to me? My apartment is certainly not habitable and I feel as though they I have no choice but to move. I want to take these people for all they've got if they do not move me by the deadline I gave them (5 business days from the time I delivered the letter). I am fed up and do not have time for this. Please see the pictures in the link below- how should I handle this? Thanks in advance.

[Fr_Chuck]

Good luck, doubt your case holds well,

1. have you had an environment engineer in to check air quality ?

2 doubt they will be liable for your person property to start with.

3. they are not under obligation to move you for repairs unless they make the unit unlivable, for mold they will seal off that section while they take it out.

So you move, and sue, and they counter sue,

We will not know who was right till the judge rules.

[mi_eash]

Hi- thanks for the response. I talked to my renter's insurance company and they told me that renter's insurance is intended to cover theft, vandalism, and fire. They said the landlord was liable for providing the faulty structure to begin with. The maintenance guy informed me that the damage was a result of a leaky gutter. Mold gives people cancer- I cannot and will not jeopardize my health by letting the maintenance crew tear up a moldy wall in my bedroom.

I am working on getting a professional in here to test everything. There is no doubt in my mind they will concur with my belief that the apartment is inhabitable.

I do not foresee a judge taking their side, but I appreciate your input.

[mi_eash]

Pictures!

[rockinmommy]

Where are you located, first of all?

I believe your insurance agent is incorrect. In these cases each insurance company (yours and your landlords) will each try to not pay and put the blame over onto the other. In the end, your landlord, and/or their insurance company may have some liability in the whole deal, but I would turn in a claim to the insurance company. In my state (TX) and with the lease I use (I'm a landlord), I would not be liable for your property, BUT your renter's insurance WOULD cover replacing your belongings at full replacement value.

As far as your landlord goes, it definitely sounds like they're not doing what they need to be doing. Have you read your lease to see EXACTLY what the procedure is for reporting damage and requesting repairs? I agree with you that it SEEMS like something that you shouldn't have to go to great lengths to get fixed, however what should happen & what is happening are obviously not coinciding. That said, you need to CYA. Just because this seems so obviously outrageous that a judge surely would agree with you & you want to take them for all they're worth doesn't mean it will work out that way. It depends on what your lease says and what your state's property code (landlord/tenant laws) say.

On the main Real Estate Law page there's a "sticky" with a link to each state's landlord/tenant laws. Check that out. And then read your lease in detail and see exactly what it says. If you follow that procedure to the letter and they still do nothing then they are the ones violating the lease contract, not you. Writing them a letter "demanding" to be moved within a set time frame, if that's not the procedure in the lease, will probably do nothing but make them dig their heels in and be even bigger jerks.

Is it a management company managing the property on behalf of the owners, or is it managed by the owners themselves? I wouldn't hurt to copy the actual owners of the property on all correspondence, so they know what's going on in their property.

Lastly, if the property owners have even a decent commercial insurance policy a lot of this should be covered, so it's not like they'll even have to pay out of pocket for the repairs. Ask when the insurance adjuster will be coming by.

Hope that helps. I know it's outrageous and frustrating and it feels like you're getting the short end of the stick. Just don't shoot yourself in the foot because you're mad and trying to lash out or make the landlord pay.

[mi_eash]

Thank you so very much for your response. I'm located in Pennsylvania. In my mind, this lease ended two weeks after I reported the damage, and they still did not do anything. I wrote them a letter demanding that I be moved as an effort, on my part, for them to make the situation right. Whether it is within their policy to move a tenant out in this situation, I don't really care because of my previous statement. The next day they sent the same maintenance guys over to fix my damage as the ones that fixed the vacant apartment (immediately following the incident) above me. The landlord was stupid enough to let me go up and look at the repair job right when I gave her the letter- of course, I took my camera. Check these pictures out. They obviously just cut a hole of mold out, did the worst spackle job in the world on it, and painted it over. God knows what is behind the drywall that is still there. Furthermore, look at the ceiling in pic #2- the water damage is already seeping through the fresh paint, only a week and a half later. I need to get a professional in here to look at this stuff asap. I have never in my life considered suing somebody- even when some lady t-boned me after running a stopsign. I had back problems for a year, but it still never crossed my mind. This situation I'm in is almost unbelievable. Thanks again for the responses.

[rockinmommy]

Ok. I understand you're upset over this. If I was in your position I'm sure I would feel the same way. HOWEVER, when you say things like, "in my mind this lease ended two weeks after I reported the damage, and they still did not do anything" it tells me that you're not "getting it". What I was trying to make you understand is that what's going to dictates what happens in this situation is what your lease says and what you state law says.

I know you're mad, and rightfully so, but you need to step back from this emotionally for a minute & make some intelligent, legal decisions. I've seen time and time again where people in a situation similar to yours wind up hurting their position legally because they're operating based on what they "think" or "feel".

If you proceed based on what you've posted so far it's my opinion from a legal standpoint that not only will the landlord not be liable for any monetary damages, but you may well be breaking your lease contract and could be sued by the landlord for breaking your lease. I know that doesn't seem "right" or "fair".

[mi_eash]

Ok- I'm taking your advise. Thank you

[mi_eash]

I'm thinking now that maybe I should allow the maintenance guys to come in and do a ghetto repair on my apartment. I could have somebody inspect the damage before and after the repair. Does this sound like a good idea?

[rockinmommy]

Do you have your lease? What does your lease say regarding damage/repairs/reporting damage/etc?

I'd like to know what it says before I say what I think you should do.

Also, is this property self-managed by the owners, or is it a management co?

[mi_eash]

It is a management company that owns a bunch of complexes. I have sent copies of my last two letters their main office, as well as her response.
I found a guy who has 40 years of experience in housing expenses who is willing to do a before and after mold tests and inspection for $400. He would test for 4 different types of hazardous molds.
I'm working on getting a copy of the lease- I will certainly post when I learn exactly what it says. I cannot express how much I appreciate your advice.

-Mike

[mi_eash]

Sorry I meant housing "inspections" not expenses. I think it seems like a good idea to shell out the $400.

[ScottGem]

I reacted the same way to the statement rockinmommy highlighted. What is in your mind" has little to do with what the law says. You are not the judge of the habitability of the apartment. Yes, the pictures look bad, but you should have reported it to the local Housing Dept for their judgment.

If you don't want to be successfully sued (or want a successful suit) you have to make sure you follow the letter of the law. This means contacting the local housing dept and finding out what you have to do legally to break the lease.

Have you contacted the Housing Dept? This person you want to hire, is he approved by the local housing dept? You may wind up paying $400 and his testimony is dismissed.

[rockinmommy]

Sit tight. Find your lease. Make the call on Monday, as Scott suggested, to your local housing authority. That's a good call to make. (Although just to warn you, in many places they don't give 2 hoots - or they're so buried they are slow or never get around to everything.)

Since it's a management company running the show, if it were me, I'd make it my mission to locate the actual owners of the property and fill them in. They may be shocked and appalled to see what's going on, or they may not care. But it's worth letting them know.

I would NOT shell out $400 for the inspection you talked about at this stage of the game.

See what your lease says. See what your local/state laws/codes say. And move forward from there.

[mi_eash]

Ok I'm not going to let my emotions get the best of me. I'm taking your advice. Thank you both very much for your responses.