Mold problems in private rental

By Elizabeth Brotherton

I rent a privately owned condo, there has developed a couple of mold issues. My adult disabled son, with asthama and my 4 year old granddaughter live with me. 1) This past winter outer wall above entry way (which abuts our largest living room wall) developed bad leak. Association ordered it fixed, the man that did it just covered outer wall and as months passed the entryway below developed mold and ceiling started to drop. Again an order was placed for this to be fixed and at least four months passed with visible mold growing. 2) Tenant above us had a toilet overflow and it poured through our bathroom ceiling, water stains developed adjoining bedroom and kitchen ceilings. About two weeks ago stench of mold got so bad we had to leave. We notified our landlord who pronounced he smelled nothing. He looked up ceiling vent in bathroom and pronounced no mold. He refused to pay for a professional assessment and did not seem too concerned about the mold abutting our living room wall. We contacted building department who ordered the entryway fixed, while open for repair everything was visibly covered in black mold. We however still smelled mold in the unit, finally found approx 1/4" thick shelf abutting bathroom covered in black, hairy mold. We cleaned it ourselves and currently have over $600 in hotel bills, with no one to go to for reimbursement. To make matters worse during all of this our lease was up for renewal, we signed it and put in mail to landlord. To date we have heard nothing but, "its in the mail", everythings good, no problems" but still no new lease signed by landlord. Can anyone give advice????
A

Edited on: Saturday, December 10th, 2011 1:36 am

2 Responses to “Mold problems in private rental”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Landlord

September 18th, 2010 9:34 am

I understand your concerns about having mold in your unit. However, in most cases the mold in harmless. Only a small percentage (I Believe less than 1% is toxic) So, with that said, requiring your landlord to use professional mold abatement is probably not practical unless the mold is toxic. While the toxic mold is black, that doesn’t mean that all black mold is toxic. In comparison, that would be like saying all black cars are fords. When in fact, the overall majority of black cars would come from a wide array of car manufacturers.

I mention the toxic mold issue in order to shed some light on the problem. Personally I’ve had a mold abatement company quote mold removal on a bath tub that had leaked in my tenants apartment. The company came in with a clean up cost of $22,000. My insurance company would not cover it either. So, when it comes to professional mold removal– it really only makes sense if the mold is the toxic stachybotrys strain, which it probably isn’t. And even then, it may not be necessary.

Mold clean-up can be done by the landlord. No law requires the landlord to hire an expensive mold abatement company. Don’t believe me? Check with the Environmental Protection Agency. Government can not require a landlord to use a mold abatement company.

The health risk associated with mold is usually tied to allergies. Landlords can’t be held liable for tenants allergies as that is a physical condition not a property condition– even if the property seems to increase those allergies.

If you feel like you can’t work out this mold problem with your landlord, you can file a complaint with the Rental Protection Agency, that would allow you some legal help in finding a fair solution.

Bottom line, when it comes to mold, there really shouldn’t be any real reason to stay in a hotel unless ordered by your doctor. It can be cleaned up and resolved.


Jennifer simmons

December 15th, 2011 7:45 pm

Dear elizabeth,
The landlord whom replied tio your issue is partially correct. All mold is not toxic and can be many different colors. Your landlord is required to keep home in a habitable state especially when it is effecting your health. Compile all requests for repairs and relocation receipts, medical bills etc. become familiar with your states landlord tenant bilaws and contact a air quality hygenist and personal injury attorney most will not reQuire payment unless you win case. Also nolo.com has specific laws on landlord responsiblity.


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