What should we do?

Question

Our apartment has a central air unit. The unit is located in a room that's next to our bedroom. The condinsation from the unit began leaking and it's soaking the floor and walls of our bedroom and living room, we had to move things out of both rooms so that they wouldn't get ruined and we're no longer able to use our central air and it's about 90 degrees in here! There's also mold growing on the walls and the stench is so horrible! We called our landlord and he acted very concerned at first and said he's get someone right on it. Now, he's ignoring us, not returning calls etc, etc. What should we do about this? Should we call someone else?

Answer 1

If you stop paying rent, technically he could evict you and place a negative report on your credit report. You could however, through an attornety or title company, start paying your rent into an escrow account, which basically means you're paying it to a neutral 3rd party until the situation is resolved.

The mold constitues a health hazard, and if the unit had working a/c when you moved in and signed the lease, then (unless your lease has a claus about appliances) the landlord has an obligation to keep it running. Lastly if you had to vacate a room due to water buildup then you lost the ability to use that room, and thus shouldn't have to pay rent on that space until the situation is resolved.

My guess is that paying the rent into escrow (instead of his pocket) or even the threat of doing that will probably spur him into action.

If you have tried talking to him, then put everything professionally into writing. Also make sure you take detailed notes of the issues and dates, and take pictures.

In your letter note that until further notice you will be paying rent into an escrow account until the issues are fixed. I would also suggest a reduced rent for the interim that would roughly be about 40% of what your normal rent is. I would state that figure in your letter, and ask for a confirmation of agreement for that amount.

If you do have to get an attorney, a good one would probably take your case on a contingency basis (meaning you don't pay unless they get you money), and at that point I would seek damages for the inconvenience and mental duress the situation has put on you, plus full attorneys fees.

I would not threaten your landlord with that unless you intend to act.

Once all is said and done, as soon as your lease is up, I would move out, as you deserve to be treated better for such a serious issue.

Answer 2

First of all I would not call or talk but instead leave written requests. I am a real estate agent and I have heard that it has to be in writing. Let's say you were to go to court and you told the judge you verbally told the landlord it would be his word against yours.

So you have to do it in writing. I would get a lined sheet of paper and date it and request it fixed or the problem solved etc..

If a week goes by and nothing happens then pay the money to send a certified letter and your problem will be solved.

I recently was talking to a gal that found her air conditioner filter was very black and dirty and she requested and requested it to be replaced. Verbally over the phone.

Finally I told her, no, you need to send a letter. She sent a letter and finally got a call back and it was fixed.

Whenever requesting things always do it with a letter and date it. I would save the letters on your computer.

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Answer 3

Call the Health dept and they will come in and make certain that repairs are done. The landlord has a duty to repair and the mold is a very big health issue...........

Answer 4

Your lease almost certainly stipulates that notification of needed repairs must be in writing. So your first step is to notify your landlord in writing. Preferably send it by Certified Mail, Return Receipt Requested. That will give you proof of mailing and proof of receipt.

Answer 5

Call the Health Dept. and the Housing Authority and tell them what you just typed here.

Answer 6

I would suggest you contact your city authorities - we have a code enforcement section ( or like a building inspector) - if you can find something like that - they will contact the property owner with a volation notice

Answer 7

If you have a Housing Authority in your state, contact them and file a complaint.