Do you have to pay rent?

Question

Kind of a silly question but if your property manager refuses to fix your apartment do you really have to pay rent especially when it is causeing health problems with yourself and your children? We have black mold growing in our water heater closet, under the carpet, and in the walls, and she just spray painted over the walls, do I seriously have to pay her when the problem has not been fixed?

Answer 1

You may be able to pay the rent into an ESCROW account. The landlord can't get the money until he fixes the problem. Setting up escrow accounts can be difficult and the process varies depending on what area you live in. You might try threatening to set up an escrow account. Just threatening may get your landlord moving.

Below is a discuss of rent escrow in Washington.

Answer 2

No do not pay the rent call the health department and have them send out an inspector from the EPA b/c if you have black mold this stuff is extremely toxic and your apartment is uninhabitable and under the housing code if your residence is uninhabitable you do not have to pay rent..in fact you may be able to sue in court as well. I would get the mold tested and then if it comes up positive contact an attorney ASAP.....Good Luck

Answer 3

Legally I don't know, but I would take the money you would pay for rent and spend it on one of the cleaning companies that specializes in mold clean up. Then send your landlord a copy of the receipt to let them know your rent $ went into their apartment. Also call the Health Department in your area and report them. Unfortunately some states (TN) do not have a regulation on mold. But some states will take action. You don't happen to live in TN do you? I had the same problem at Cross Creek Apts in Sevierville. They tried to charge me $125.00 for mold clean up when it was in the walls of the whole apartment building.

Answer 4

I suggest you call the department of buildings they will come to your apartment to inspect it, when they find all that mold boy is your property manager going to pay a big fine. Or you don't pay and you get a notice of eviction and from there explain to the court why you don't pay your rent and if you and your children are having any type of health problems, which I know you would from breathing all that mold, which is hazorous to your health and those of your children. Sue,Sue, and Sue. Once you get the department of buildings involved you will have enough proof to sue especially if you and your children are having serious health problems.

Answer 5

I agree with everyone else. Mold is extremely dangerous and you need to get your family OUT. Almost all leases have a clause that allows you to legally break your lease if they are negligent in any way. Check that. I would also call the local health department to report it as well as the property management group. The property manager has a boss.. call them. Mold is nothing to play around with.

Answer 6

If your apartment has black mold, then you and your family must move out!! Call the city/county health department and make a report, but prepared to find a new place to live.

Answer 7

I think you should call the health dept. Bylaw, I beleive the lanlord is responsible to keep the property in good shape, and if it infact unhealthy, I beleive you can have the lanlord charged. Look into this, and if I were you, I would consider finding a new apartment that is healthy for your children (and leave without paying rent)

Answer 8

I think if you don't pay rent, your landlord can evict you. It is a great way to get her attention, though.

Is there a health department or other government agency that you can report this sleazebag to? It clearly needs to be done, and you will probably help other families in the process.

Good luck!

Answer 9

If you have a local Tenant's Board, go to them and be prepared for them to put the money into escrow, until the repairs are made. You still have to pay it, but the landlord doesn't get it until he/she does the right thing. Sounds fair, right?

Answer 10

assuming you signed a contract, you have to pay the rent unless the landlord has violated one of the terms of the contract. if the place is really that bad, it is probably a good idea to call the police, they can send you in the right direction.