I live in a townhouse with 3 roommates in Buffalo and we had a storm that shut power down for days. My room is in the basement and it got flooded. I have to move all my stuff into the living room and sleep on the couch. Now the whole house smells like milew cause the basement was carpeted. The landlord said he would replace the carpet but now he says he wont cause the insurance wont pay for it. Im afraid to move back down there cause it still smells, but even worst, i am afraid of mold that could have form because of the flooding. Is this grounds to break my lease? Thank you for your input.
2006-10-22 16:24:42 · 10 answers · asked by pilon 1 in Politics & Government ➔ Law & Ethics
You can remove or clean the carpet at your expense but deduct the costs from the payments or reimburse the amount from the landlord.
2006-10-22 21:47:20 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Mold can be a very dangerous thing. Whether or not the damage is covered by the landlord's insurance is immaterial; it has to all be ripped up, the floor cleaned and the carpeting replaced. There is no negotiation on this. The landlord has an obligation to make necessary repairs and this is one of them; his failure to do so would be a violation of the lease on his part. You did not rent the place with mold-infested carpeting; it has to be removed. If he refuses to do it, send him a letter to the effect that this is a dangerous health issue, give him 30 days to replace the carpeting or you will hire a contractor to do it and deduct it from the rent. Send it certified mail. Something like this should hold up in most jurisdictions, but check local and state rental regulations first.
Note: renters insurance would cover only your personal property; the carpeting belonged to the landlord and is HIS responsibility.
2006-10-22 23:45:07 · answer #2 · answered by Kokopelli 7 · 0⤊ 0⤋
I think alot of people on here, watch too many science fiction movies. Yes mold can be dangerous, but not all molds. They are all over and you probably do not even know it.
This is a tricky situation, your lease will not have a clause to let you out of it , if there is, i would be shocked, since it is not designed to protect you. I got out of a lease once because the people above me had dogs, I said they were givign allergies and I coudl not live there any,more--just to give you an idea, if you do have ot go to court you can get out if it for medical reasons, your landlord doesn't want to go to court he wants to rent and make money..good luck
2006-10-23 01:08:03 · answer #3 · answered by sevenout7 4 · 0⤊ 0⤋
Absolutely. It is a health hazard to live with mold. The basement will get wet again and again. If you think he is going to fight you on the lease, document everything that has happened for you to break it. You can bet if he reported it to the insurance company, he has gotten a nice check and just doesn't want to spend it. He won't rent an apartment that smells mildew very easily.
Good luck.
2006-10-22 23:51:36 · answer #4 · answered by Cinderella 4 · 0⤊ 0⤋
File your compalint in writing to your landlord. Call your local Housing authority thell them there is black mold growing. Then call your landlord and demand that he pay for a motel till the repairs and proper cleanup are made. He will either let you out of the lease or do what is right. If he lets you out of the lease get it in writeing to prove it just incase he changes his mind later.
2006-10-22 23:36:33 · answer #5 · answered by truckercub1275 3 · 0⤊ 0⤋
New York state has a Warrant of Habitability Law. Contact the Code enforcement office, and a lawyer. I used the law to get part of my rent back during the Ice Storm of 1991. Good luck and God Bless.
2006-10-22 23:39:21 · answer #6 · answered by MOMMYBEST 3 · 0⤊ 0⤋
I would contact an attorney. The mold caused from such an event could be potentially fatal - this is not a joke. If you inhale enough of those mold spores you can die. Contact the city building inspector as well. The city inspector will not cost you anything as would an attorney.
2006-10-22 23:32:03 · answer #7 · answered by jaruby05 1 · 0⤊ 0⤋
Did YOU get renter's insurance? I certainly hope so. If you did, check with them to see if they would cover such a thing. You cannot sleep in a moldy place. If nothing else, ask your landlord if he can hire someone to professionally clean the mold? Maybe that'd be cheaper. If not, then I'd start looking elsewhere.
2006-10-22 23:32:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends on what clauses are in your lease. You need to read your lease in detail to figure that out.
2006-10-22 23:32:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
AEN, MOMMYSBEST, & Cinderella are what I would have told you.
I can only say what these people have said.....they're right.
2006-10-23 00:28:23 · answer #10 · answered by hey you 5 · 0⤊ 0⤋