Who do I call when my landlord won't get anyone to have the air vents cleaned?

Question

Also,to check the house for mold,etc.? Do I call the health department or who? Who is responsible for making sure an apartment/house is up to code? Will I get in trouble if I tell my landlord that I won't pay the rent unless he has the air vents cleaned and the whole place checked out? I don't have a lease so there's no way for me to know if anything like that would be covered. In addition,I just asked my landlord how old the carpet is and he said about 9 years old and he said if it needs to be cleaned,it's our responsibility. Also,can someone please confirm or not what my friend just told me as I'm typing this that the people to call are either the Housing Department or my city's Code Compliance office?!? What is the Housing Department(or whatever it's actually called?) Are they city,county,state or federal? Also,I should mention that this is all happening in Florida!! Last thing-If an inspection said that work needed to be done and we had to move,could landlord help pay for move?!?

Answer 1

Geesh! Unbelievable! Unless you are living in government housing the government is not going to go around inspecting just for the heck of it. Air vents? Clean them if you want, but there is nothing to compell the landlord, even in government housing, to do that.

It would not be legal for you to withhold rent, even for something serious, let alone something so silly.

You are not going to get any government officals to inspect your air vents.

Moving is on you, not your landlord, under any circumstances.

I am so freakin' glad you are not my tenant!

Answer 2

Wow, you're either brand new at renting or just a pain in the butt.

If you want to have any part of the home inspected for mold, air vent contamination, etc. you need to pay for it yourself. In all reality, you should have had this done before you moved in, and then decided whether or not you should even move in if there were problems.

Carpet cleaning - the carpets should have been clean when you moved in. If you want to have them cleaned again, it's at your expense. Just remember that it's your responsibility to have them cleaned when you move out, also.

You can call the Code Compliance office of your town or county if you feel that something is out of code, but this must be pertaining to something that is actually out of code. The possibility of mold or airborne particles in the ducts does not apply. Neither does dirty carpets.

If an inspection said that work needed to be done, you could ask the landlord to do the work. If he chose not to, you could move, but that's your choice. You seriously cannot expect him to help you pay for the move.

You do not have a lease. You have very few rights. If you were my tenant, and came up with these requests without any sort of proof that there were problems, I'd probably tell you that you're more than welcome to move out. But then again, I'd never let anyone move in without a lease.

Oh yeah, doesn't mean anything that you're in Florida. Sorry to be mean, but it just seems like you're looking for something for nothing.

Answer 3

OK, if you have no lease then under Florida statute you have a month to month with certain rights and protections as outlines within your statute

as toward your concerns, unless the air ducks represent a serious prove able health risk, you do not have a leg to stand on on making the landlord clean a air duck

as toward mold and health department, mold is the new thing, if you actually have toxic mold and not mildew then you have a case, but how to prove this? most likely you will have to go to the yellow pages and hire out of pocket a mold service to see if it is toxic

during this time if you withhold rent, you must follow the court guidelines for escrow the monies if not the landlord can take you to court for non-payment of rent, that will appear on your recorded for all to see

Answer 4

What vents? If you are talking about the ones in a bathroom that is your responsibilty. Your mold is probably coming because they haven't been cleaned. You have every right to report anything you feel is wrong to Code Enforcement, but be sure your right. As for carpet a landlord is never responsible to clean carpet. And no a landlord will never be held responsible to pay for a move.

Answer 5

Careful on who you complain to and asking the landlord for too much. Without a lease...you have very little rights. In Florida...the landlord only needs to give you 2 weeks notice to vacate...and he does not need a reason to do so. So if your a pain in the butt to the landlord...he may just tell you to move out.

Answer 6

You are asking the landlord for WAY more than he is required to provide. If you want the vents cleaned, YOU get to clean them at your own expense. If you think there is mold, YOU get to pay for that sort of inspection. And yes, YOU get to clean the carpets as well. I get the impression that you are paranoid over molds or similar. Have you any evidence of molds ?

And, if you have to move, YOU get to pay the expenses.

Answer 7

Your landlord is only required to keep the property in "habitable" condition. While the definition is habitable is often easy when the roof is falling in or sewage is backing up into the home, lesser faults leave a LOT of room for subjective analysis.

There is no code requirement anywhere that I've ever lived or owned property with regard to cleaning vents or ductwork. As long as you change the filter regularly -- a tenant responsibility in most cases -- there is no need for routine cleaning. And if you don't change the filter regularly, YOU are responsbile for any damage or need for cleaning that results.

On the issue of mould, the landlord is not required to check for it. If you notice mould forming it is up to you to bring it to the landlord's attention. If it's surface mold, such as around the tub, it's called mildew and is YOUR responsibility to clean it up. If there was a leak in the plumbing system or a roof leak that allowed water behind the walls and you are noticing a musty odor in the home THAT would be the landlord's responsibility to act upon.

As to the carpet, it's up to YOU to clean it as needed. As a general rule of thumb you should vacuum it weekly and have it professionally cleaned at least once per year. There is no requirement for the landlord to clean the carpet or to replace it on any scheduled basis. Even middle quality carpeting can last for 20 years with proper care and high quality carpet can last for 50 years or more with proper care. The landlord is only required to replace it once it has become so worn that it is now a safety hazard and even then, only if the wear is due to ordinary wear and tear. If the wear was due to your failure to clean it regularly or if your use of the premises doesn't fall under "ordinary wear and tear" such as if you have 20 people living in a 2 bedroom apartment then you should prepare to pay to have it replaced yourself.

If a code compliance officer determines that your home is untit for habitation then your landlord will have to bring it up to code. You will have to move out and can break your lease if you wish to. If you don't break the lease, you do not have to pay any rent while the unit is unfit for occupancy. The landlord is NOT required to re-house you, pay for alternate accomodation, or pay your moving costs. Your ONLY redress is to stop paying rent and break the lease without penalty.

On the issue of threatening to withhold the rent, you can say whatever you want but state law will determine what you can legally do. A few states allow you to repair and deduct IF the needed repairs affect habitability or safety, you have properly notified the landlord in writing of the needed repairs AND the landlord has failed to act in a reasonable period of time. A few more states allow you to apply to the courts for redress and pay the rent into escrow at the court to be used for repairs under the supervision of the court. Most states do not provide for either, however. Your obligation to pay rent when due and the landlord's responsibility to keep the place fit for habitation are mutually exclusive of one another. If the landlord fails to make needed repairs that affect habitability your options are to move or pay for the repairs yourself and sue for the costs if the landlord fails to reimburse you.

BTW, FL is not noted as one of the states that offer any meaningful protections for tenants. Local ordinances may give you more rights than included in state law but the state leans far to the landlord's rights than yours.

Answer 8

In most states your landlord is correct unless the lease says he is responsible for more.

Most leases are written so that a tenant is responsible for any and all cleaning.