I have a severe mold problem in my basement what can I do to get the landlord to fix it ?

Question

In my lease it said they would not be liable if something happened due to mold and yes I have learned my lesson to read fine print. I think it might be black mold and I have been sick since we moved in (1month ago). It is covering the basement ceiling and I mead totally covering. I have 2 very young children and I need to know what I can do at this point. I would pay for it to be removed but as it is I can't afford it. I have already sprayed it with bleach and it still is there.

After I moved in they informed me that when it rains the basement gets 2 ft of water in it.

Should I call the health department? Is there anything I can do legally so they can clean it up?

Answer 1

Dear Married:
Email me off line through my profile. The same thing happened to me and my family when we moved to the East Coast from Los Angeles two years ago. SAME EXACT THING.

I will be waiting to hear from you.

Answer 2

You should check with your local municipality to see if there's anything in any ordinances about that. Check your lease carefully. It may say that the landlord is not responsible for the consequences of mold, but it might not say that the landlord isn't responsible for the mold itself.

Often, when a repair is needed, many states and municipalities have laws that allow you to get the repairs made at your own expense and deduct that from the rent. However, there are several steps that have to be followed before you can legally do this. Again, you should check with officials in your own municipality before attempting to do this, or you could wind up in a double-whammy of paying out of your pocket to improve the landlord's property and not getting reimbursed for it.

Good luck.

Answer 3

That clause in the contract only covers the consequences of mold and in any case a court would probably strike it off as illegal.

The fact now is that the properly is unfit to habitation and the mold is a risk to your health. Take the steps that J-A mentioned, but stop paying any rent if he does not repair it within 2 weeks, even if workers are working at it..

Answer 4

sounds like the landlord is well aware of the mold problem as stated in the lease however knowing this he has put you at risk and your family. Call the health department get the opinion. Knowing that the statement is in the lease doesn''t make it Right and he is STILL LIABLE. Advise call a lawyer also.

Answer 5

YOu have limited ways to do this because, since there is no lease, he can simply give you 30 days notice and presto.. you are out. My suggestions. 1) Begin by documenting EVERYTHING.. that is bad and can be photographed. Broken pipes, windows, etc.. 2) Stop talking to him and start writing to him. Paper an pen.. no email or text. Insist on written communication. If he calls or appears to talk about it tell him you are deaf and he needs to write it down. so you can read it to your aunt. 3) Put a security lock (chain) on the inside of the door. That will keep him out when you are in. By law he can enter if he gives you proper notice (generally 24 hours) but he can not walk in at any time he chooses. Document all those instances in a written diary. 4) You should not have to carry your waste outside because HIS toilet does not work. Start leaving the waste in HIS gabage can! and tell him to fix his damn toilet. THat is reprehensible.. Ok .. its decision time... a) See an attorney. The may be a local agency that provides support for elder care or senior citizens that can direct you to a pro bono lawyer. Show him/her the photos and the diary and see what he says and what options you have b) Hunt harder for a place... if you take any sort of action its a sure bet you will find the rent terminated. c) contact the city health department with the same information.. see if they can help your aunt. thats about it. good luck

Answer 6

First, take pictures. Write the landlord and include pictures. Send the letter certified. Advise that you are going to pay a reduced amount of rent by 25% until the problem is fixed. If no response within a a couple weeks, write again, send certified, CC a letter to the Dept. of Health and Human Services in your state. Believe me, that should be enough to get the ball rolling in your favor. By the way, landlords (I am one by the way) put a lot of WACKY things into their leases but the law supersedes those things. Landlord\Tenant laws are very specific. Think of this way, the Landlord\Owner of the property you rent is responsible for your health and safety with regard to the property. If he or she is negligent in resolving a health issue, it can equate to big problems for him\her down the line.

Answer 7

Do you have pictures of the mold from when you first moved in? If not, you won't get very far in small claims court. You can let the landlord know that you suspect "black mold" in your place, and they have to have someone come in and test the air quality. If they do not do this, then call the health department and let them know what is going on.

Answer 8

You first need too contact the Health Dept., then call an Attorney and see if the land lord can be held responsible for any med. bills that u have acquired, if it's black mold u need too get your family out of there. I seen a special about black mold and the affects were horrifying on this family, don't wait any longer too contact some-one or it may be too late. Good luck.

Answer 9

did they tell you before you moved in that the basement had mold, or did they simply have a clause that said you can't sue us for mold? if they knew about the mold and did not tell you they have broken the law.
you should move out NOW! mold can kill you.
if they told you about the mold and you still signed the lease you have no recourse. you may be able to take them to small claims court to get out of the lease and get your security back.
you need to call a lawyer.

Answer 10

Write a certified letter asking the landlord to fix the leakage problem. By certified, you have to pay money to be sure that they get it as they will have to sign for it. Make sure you keep copies of it. Don't discuss over the phone, keep it in writing, email or whatever. Let them have time to respond and if you haven't heard from them within a week, call the H. dept.

Answer 11

Yes, definitely call the health dept. and take the landlord to small claims court for the return of your rent. You have to move out.