just found out after 6 months of renting a home in fl. that mold is every where. realtor will not refund security deposit. trying to say I left the windows open. had mold expert discover that windows leak and mold is extensive.
2006-08-25 12:12:00 · 9 answers · asked by jean p 1 in Business & Finance ➔ Renting & Real Estate
You have to prove that he knew and did nothing about it - since it's rental, you can tell the realtor that you'll have to call the authorities and have the house declared unlivable and destroyed if he doesn't return your security deposit - because he can't collect on his insurance for mold damage, especially not in florida. Just because the mold existed prior to your tenancy doesn't automatically make the realtor at fault - unless the house is unlivable, and you'd have to pay big $$$ to get that to stand up in court.
2006-08-25 12:18:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Mold is a vry tricky issue, you need to first think of your health, as it may be affected.
next seek some legal advice, as to what degree you can recover any damages, if any.
If your legal advice tells you have a case they will likely point you in the right direction as to your next best move.
mold grows fast and is often not detected until a property is seriously affected, as often the mold stays contained within the walls and there may not be any obvious evidence. It will be hard to proof that either the owner, the agent or anyone else was aware of the property being contaminated with mold, and if the owner and or the agent deliberatly failed to disclose the problems.
In our area, you would also contact the residential tenancy branch ( a government agency) and file a formal complaint with them, they are very much an unbiased agency looking at all issues in case like this and will make judgements that are binding on the parties, with little to no cost to the tenant, so if you area has such an agency, be sure to get in touch with them.
Good Luck, and look after your health
2006-08-25 12:30:09 · answer #2 · answered by peterpfann 3 · 1⤊ 0⤋
Read your lease, it governs what to do in the event the property becomes inhabitable. Usually the Lessor has time to make it right, failing which can void the lease. Have an attorney review it for legals.
Most states including Florida frown on fraud or overly one sided contracts. If you take it to a jury usually they will side with the Lessee, especially if it involves kids and renters.
Review the lease and they put in writing a request to remediate the problem or you want out of the lease as you are experiencing health problems as a result of the mold and leaking window, as you have documented the leak that caused the mold. Bet that gets their attention.
2006-08-25 18:42:34 · answer #3 · answered by hithere2ya 5 · 0⤊ 0⤋
If the realtor is trying to screw you, it will likely become a court case. if you're still living there, PHOOTGRAPH EVERYTHING and get statements from the repair guys.
To 'scare' the realtor, consider getting a written letter from the mold expert, and sending it in a certified envelope along with your own letter explaining the circumstances and siting the time limit for getting your deposit back, stating you'll take further action if neccessary...maybe they'll realize its a losing battle. Write down all the dates, times, corespondence (including phone calls) etc. The more documentation, the better.
2006-08-25 15:09:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It sounds like a heckuva fight, but depending on your state, if it classifies black mold as a health hazard you should be able to claim something, but if you never were sick or reported leaks it would be hard, course if you have been unusually sick with congestion and didn't know why, that could be a reason. I think you should look at how much your security money is and how much it would cost to litigate, most attorneys charge somewhere in the neighborhood of $100/hr
2006-08-25 12:19:46 · answer #5 · answered by housewrkrm 2 · 0⤊ 0⤋
Just because the mold is appears black does not mean it's the toxic "black mold". It's doubtful that your mold is the deadly black mold. An at home black mold test costs about $10. Go to your local home improvement store and get one. If it tests as black mold, request in writing that a professional mold specialist test the property within 5 days. Once you have that test, you can decide what the next steps are.
2016-03-27 06:07:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Court usually sides with the crooked realtors in Florida, sorry !
2006-08-25 12:17:15 · answer #7 · answered by The Advocate 4 · 0⤊ 0⤋
you should file a complaint with the Realtors board if you can prove it was their before you moved. if they new and rented it they can get in trouble that is a health risk. and the are to disclose any problems with the house
2006-08-25 12:22:04 · answer #8 · answered by hate life 2 · 0⤊ 0⤋
Go to the library in your county.Check out a book on "tenant -landlord rights" It will have forms you can copy and step by step instructions . If it is not on the shelf ask them to order it for you. Good Luck.
2006-08-29 11:30:08 · answer #9 · answered by thirsty mind 6 · 0⤊ 0⤋