Curse

-Makai- · Sep 14, 2008, 05:02 PM // 17:02

This is an incredibly random question, but I hope some of you are renters or tenants that may have been in this situation.

I recently moved into a basement apartment that has some pretty awful dust and mold issues. The landlord made no attempt to clean it up or fix it before I moved in. Needless to say, I don't want to sleep with dust and mold spores around me.

Anyhow, my question is if this would fall under some type of health hazard category and if I could get out of the lease due to it. I'd rather not confront the landlady until I get more information.

zelgadissan · Sep 14, 2008, 05:12 PM // 17:12

I had something similar at an old apartment where there were some things that needed fixed before moving in. I made sure that those being fixed were added to the rent contract before moving in so that I had definite legal recourse in case of issues, like them claiming I broke stuff or etc.

Of course, I'm sure the laws are different from country to country, or even state to state if you're in the US.

Edit: I swear, everybody I talk to on Guru is from Indiana. How come I don't know any of you?

Winterclaw · Sep 14, 2008, 07:36 PM // 19:36

Sounds like a slumlord to me. You really need to take some pictures of the problem and check with a lawyer who knows the laws of your city and state.

Yang Whirlwind · Sep 14, 2008, 08:04 PM // 20:04

Yup - we cannot give you anything but general advice since you haven't even added in which country you live. They all have different laws for this.

-Makai- · Sep 14, 2008, 09:07 PM // 21:07

Ah, my bad. I live in the US, specifically Indiana.

Good point on taking pictures, Winterclaw...I'll get on it asap.

As for the specifics of my situation, I'm actually renting a house with three friends, but unfortunately I got stuck in the basement along with someone else. Before we signed the lease, we made it perfectly clear to the landlord that we'd have four people living in the house, two upstairs and two in the basement. At the time, the landlord said absolutely nothing about mold or dust problems and allowed us to stay down here anyways.

We viewed the house in early May before college let out for the year...during that time, we didn't notice any of the problems I just mentioned. And as I said earlier, the landlord did not clean the mold or dust before I moved in, leaving me to believe it goes against the 'warrant of habitability' clause in US law.

Also, please note that this is the first time I've ever rented a house or apartment. Up until now my college life has been spent in the dorms or at home.

Furthermore, I'm still recovering from a foot surgery I had over the summer, so I may be able to get some type of doctor's statement saying that going up and down stairs could be detrimental to my health. Because my 'friends' (who needs enemies in this situation?) are so adamantly against me staying upstairs, even in the living room, I don't think I have much choice in the matter.

EDIT: The good-natured roommate reminded me earlier that we did point out the mold to the landlord before we signed the lease.

Unlucky Slayer · Sep 14, 2008, 09:35 PM // 21:35

You should have made sure to inspect the house yourself before you signed anything, I dont know too much about Indiana Renters Laws, but I could ask about them as my Grandmother owns a couple rental properties.

Even if you viewed the house at one time, a second runthru would have been great.

But meh, not sure how I could help without knowing the laws around here myself. =/

Lord Sojar · Sep 14, 2008, 09:44 PM // 21:44

Call the health inspector from the DOH for your state and report it as a housing health code violation. Easily fixed once he bitch slaps the landlord for being such a douche and threatens to condemn the property.

EDIT: Noticed you live in Indiana. Our health inspectors are so vicious, they violate the constitution to get results.... lol.

Contact them at this phone number: (317) 233-1325

mllepandora · Sep 14, 2008, 10:54 PM // 22:54

I live in California, and have just finished fighting with my own slumlord.

Rahja's advice is spot on. Call the Health Inspector for your area. Also inform your landlord (in writing) of the problems you want fixed. (this is especially important for future legal action.)

You also may want to consider calling the Housing Authority for your area as well.

That's what we did. The inspectors for both departments will come out and inspect the entire building, and look at everything and anything the landlord needs to address. This means that you and your roomies have to be prepared for them to come inside your place. (having it clean is a plus, as the landlord can try and say that you are not keeping the place up)

They will give the owner around 30 days to address the problems before they start to fine him or her for each individual violation.

(and then there will be more inspections to discover if the problem is actually fixed.)

And, fyi, (at least here in CA) the Housing Authority charges the landlord 250 bucks each visit. Be prepared to not back down, because landlords tend to get upset..fast.
Also, they are not allowed to retaliate and kick you out for calling the inspectors. (just be sure to keep paying rent, as they can still evict you for standard reasons.)

Edited: For speeelinnng errors

Malice Black · Sep 14, 2008, 10:55 PM // 22:55

You didn't do a proper viewing before moving in? Just having a quick peek around isn't enough.

By law the landlady will be required to fix it, you'll have to move out of the room though. Damp isn't easy to get rid of. It requires drying the room out and treating the mold with chemicals. Chances are the damp proofing is either in poor shape or non-existent. Check all other rooms also. Look for damp patches/cracks in the paint etc

Once it's fix you'll want to get a de-humidifier and some kind of air filtering unit. Living without windows will get smelly.

-Makai- · Sep 15, 2008, 03:07 AM // 03:07

Thanks for the advice so far, everyone. Also, I didn't know so many Guru posters were from the Hoosier state!

I took some pictures of the room earlier, specifically the mold spots and the dustier areas; I'm almost positive this room was used as storage space in the past. The landlord already provided a de-humidifier, however, since there's still moldy spots on the wall, it's not helping a great deal. I also sprayed some bleach cleaner on it, but it's just not going away. After some pressuring from a roommate, I borrowed his air purifier (did I mention my roommates are assholes?), but 8 hours after plugging it in, the dust is still pretty unbearable, even when all four basement windows (one in my 'room', three in the main area) are wide open.

While it would be nice to get the situation taken care of, I'm still stuck in a really shitty ordeal, especially since two people whom I considered good friends (the other basement dweller has been incredibly helpful), essentially backstabbed me. Before we signed the lease, I made it clear that I would need to stay upstairs because of my foot surgery, then once summer hit (I stayed back home during my recovery), they took the upstairs over and exiled me down here. Furthermore, I gave them $200.00 to help with the rent over the summer when I didn't step one foot inside the house. I can't begin to explain the jubilation of hobbling up the stairs to use the bathroom or kitchen, knowing I'm paying the same amount of rent and utilities as 'friends' who live in clean, carpeted rooms; the condition of this room is just toxic icing on the cake.

I've been looking at other apartments/single housing options in the area and have found a lot of them that are close to campus. I plan on discussing the issue with my landlord tomorrow, but because he did not take care of this issue before I moved in, he basically broke the warrant of habitability law, meaning I think I have a better shot at breaking the lease.

Regardless of what happens, I will be moving out of here in a week or two. These conditions are simply intolerable for $165 a month.

Quote:

Originally Posted by zelgadissan

.

Edit: I swear, everybody I talk to on Guru is from Indiana. How come I don't know any of you?

I live in a decently sized city. Starts with an 'A', ends in 'son'--you can figure it out

imnotyourmother · Sep 16, 2008, 05:52 PM // 17:52

You might have a legal case on hand. Mold spores can cause sever breathing problems. So you might just be able to sue your land lord for s crap load of MONEY. You might even be able to sue for enough money to buy the house that you are renting. Is this US legal system not the best?

Are you a MINORITY? If you are then this strengthens your case even more. You personal beliefs might be able to cash in more money for them putting you in the basement trying to kill you. It would be a slow painful death and you might need a lung replaced. That is going to cost your land lord.

Also look at your lease. It might be Illegal to start from even if you signed it in good faith the land lord if he knew of the problem previous to your moving in then you can sue him for that alone. Full disclosure laws. If there are children that go down there or sleep there that is another law suit in the workings not to mention that there could be traces of LEAD.

You can have your place tested for lead. and if there is this stuff then it is the responsibility of the LL to fix it or be punished. You can also get the ll (ll = land lord) to pay for your new place until the old one is cleaned up.

Get the report from the Ministry of Health - it is free. Armed with their findings go to civil court and file a law suit against the ll for Breach Of contract and you can file for up to 5,000 in small claims court. A smart LL will release you from the lease in fear of a local judge that normally settles traffic tickets in finding in your favor. Oh the ll can not evict you during this process either. If they do then you go to the County Court and file there to.

It is not your responsibility to clean up the mold even if you created it. You MUST contact the LL and let then know that there is a problem in writing. Do this over and over and over. make your case strong.

Oh and if worst comes to worse just leave. the ll will have to file in the court that you breached the contract. After you tell the judge that you can not breath any longer...show the judge the DoH's findings and a copy of your letters to the LL that you sent REGESTERED MAIL the judge will rule in your fav.

If your LL has a history with the local court then this too can play in your fav. Remember that these things are PUBLIC RECORD. if you have time to play GW then you have time to do the research into the LL.

Always Pay before you have to. Always on time.

I worked for the Biggest LL in my area. I was the Gofer. We had LOTS of experience with the Health ministry. There are forms and junk to fill out when there is a complaint. They have special equiptment that measure dust and lead and mold. just stir up the dust before they arrive with a broom and you should be all set.

You might be able to sue for hundreds of thousands of dollars on HEALTH issues alone. Then there is MENTAL ANGUISH that you are suffering at this very moment. So much so that you posted on a blog about your streesing out over your health - which is bad for your heart and nurvous system. You might need treatment.

So get things Documented. take pictures. Call the Ministry of Heath it is FREE there is NO Charge they work FOR YOU. Review the Land Lord Tenant act. The Land Lord HAS to have it POSTED in the office. If he does not have it posted he is in violation of the law right there. Bring your camera to the office when you go. Take pictures of the office. This way you can say see no poster.

The post is H U G E 2 feet by 4 feet for something. You can not miss it. it will have the state seal on it. It must be Current or they are in violation.

You want to give this land lord reason to evict you. If you violate your contract and they evict you the contract is void cause THEY kicked you out. Weird laws in NY State.

So most important. have fun with it. be creative. DO NOT DESTROY PROPERTY. that is bad against you. Call the land lord. every day. we hated that. Have them paint it. - the mold will come back - so make them redo the windows cause.. well who cares invent something. Put it in writing. Tell them that your steps are wet and slippery. Your front door needs painted. Your carpets need to be replaced.

Oh my Fav. the fridge is broken. Unplug the fridge. then when they come over the fridge is warm. Say see you never fixed the fridge. When you get the new one do the same thing. See fridge is wreaked. stop giving me crap. You owe me for all of the spoiled food.

There are people that do this. They will terminate you.

The Stove. Tell them the stove does not work. The oven is broke. When they get there and the oven works fine thell them oh it was not working a while ago. Do not break the thing. Just tell them that it stopped working. Maybe take out a fuse. That will make them wonder.

Your shower. Is there water pressure. One guy kept saying that the water pressure was no good when he went to take a shower cause they turned all of the water on at once and then video's the shower not working. "See I turn it on all the way and nothing. My LL will not fix it. How can I live like this. My parents Dog lives better"

What about the roof? does it leak? Tell them that it leaks. make them go over there twice a day. Tell them that your lights are not working the next time a bulb burns out.

I am trying to think of more things that tenants did to us. the lawn. is ther a lawn. It needs to be mowed. Tell them that right after they leave from cutting it. Try not to get anyone fired though. Just be easy on the workers. You are trying to divert resources to your house from the other things that are very important to the land lord. If his guys are always over there costing him money he will drop you and kick you out. You can sue him for that too when the time comes. He can not kick you out for "being Stupid".

There sounds like there is some money in this for you if you work it right...

Trees, do the trees loose their leaves? Drunken parties across the street? Noise?

I just read that there are more than just You on the lease. you can leave. Just up and leave. the others are responsible. Let them to it. it will be up to your "friends" to collect off of you.

Like this IF I had a contract - the lease- with 2 people on it and one person did not pay we did not go after the one person that did not pay but rather after the person that did pay. they get stuck. Just take pictures and leave in good faith. Put your foot down as it were. I am upstair or I am outa here. they will say you owe us rent and you say I owe you sh*t dirt cruuee ooeojkije of a ldokeo*&&^%*(
and leave! Good bye and Good riddance.

-Makai- · Sep 16, 2008, 09:28 PM // 21:28

Damn, imnotyourmother. That's a heaping spoonful of information and then some. I'll definitely look into it, though I'd rather not sue, I did notify my lawyer this afternoon and she will look into it. In the end, I just want to leave on an even note; I want to break the lease and move on. Also, I'm not a minority unless being temporarily disabled or my nerdish tendencies count for something.

EDIT after some thought: Full disclosure, eh? Tempting...I did point out the mold to the 'LL' before signing the lease and, again, he knew there would be two of us down there.

My situation thus far:

I sent a registered letter to the landlord, explaining the situation along with an additional statement regarding failure to clean the basement.
I will be obtaining a statement from my doctor either this evening or tomorrow morning, which I will also send via registered mail.
I sent copies of the pictures to my lawyer.

Yesterday my mother sent me a text message during class...she found a pretty decent amount of rentals near campus. So, she picked me up (again, I'm still recovering from surgery) and we looked around. She also explained that she called the 'LL' and would be receiving a reply by eight. We found an incredibly nice rental house (polished wood floors, window seats, brand new counters, cabinets, stove and fridge, two bedrooms, a bathroom, kitchen, dining area, living room and enclosed porch among other luxuries) for about 575 a month (the shithouse was 600 and featured broken locks, rusty water and previously mentioned caveats). After speaking with the landlord for an hour and carefully inspecting the house, we signed up for it. It was an amazingly close call because he had potential renters looking earlier that day, but they couldn't come up with the funds.

The landlord is a very nice businessman and offered to give me a percentage discount on rent after December because we paid three months in advance. He's also going to give me the rest of September for free! Furthermore, he will assist me in paying for the gas bill once winter rolls around and he pays a neighbor to maintain the yard--the polar opposite of my previous 'LL' (lich lord?). I double checked his statements with the lease to be safe and everything measured out.

So, after signing the lease, we waited for the slumlord to call us back. Eight comes up and no call, so we give him a ring...he tells us to call back in an hour--we do this and he's nowhere to be found. It sounds to me like he's burying his head in the sand because he's made no attempt to contact us.

We then headed back to the first house and moved most of my stuff out--sleeping down in that basement would hinder both my complaint and my health. I'm staying at my parents' house (about 30 minutes away from school...my parents are too awesome for words since they're commuting me to class) until Sunday evening, when I move into the new place. As I mentioned earlier, it's quite the pad and I'll have to post comparison pictures once everything is settled.

As for my roommates, the prime asshole doesn't seem to be too affected and didn't even say a word while I moved my stuff out. The other two appear to be pretty upset about it (not angry, but sad), but it wasn't my fault to begin with.

Essentially, I went from living in a shithole basement to renting a nice, clean house (did I mention the polished wood flooring?). Needless to say, I'm excited to live on my own!

pumpkin pie · Sep 17, 2008, 04:20 AM // 04:20

reminds me of Pacific Heights

zwei2stein · Sep 17, 2008, 06:39 AM // 06:39

Quote:

Originally Posted by Sante_Kelm

...

Congratulations!

Just two note: Most colleges have dormitories, and there is always place or two free (from people who drop out & places reserved for special occasions like yours, etc ...), you could have talked your situation over with someone and tried to get room there at least untill you got something better.

-Makai- · Sep 18, 2008, 05:42 AM // 05:42

Quote:

Originally Posted by zwei2stein

Congratulations!

Just two note: Most colleges have dormitories, and there is always place or two free (from people who drop out & places reserved for special occasions like yours, etc ...), you could have talked your situation over with someone and tried to get room there at least untill you got something better.

Oh, I know...I'm a fifth year senior. Once all the old faces vanish and the stories are lost on the younger crowd, the dorms simply lose their magic.

Somewhat off-topic, but I just found out today that my college actually owes me a pretty nice chunk of change. Seems as if I can finally stop living vicariously through GW!

Vaal 84 · Sep 18, 2008, 08:14 AM // 08:14

Sante, the advice given here is great. If you'd like anyone to take a look at your lease I’d be more than happy to. I'm a chartered property surveyor here in the UK, and whilst there are subtle differences in our property law to that in the US the basic premise is the same. The LANDLORD has an obligation to his TENANT to provide a suitable living environment. If this is not the case then you are within your rights to stipulate the landlord rectifies the situation else he is in breach of the terms of the lease.

Good luck getting it all sorted mate.

imnotyourmother · Sep 18, 2008, 05:39 PM // 17:39

Well that is a good situation. As for the lease in the old place. Just keep records of when you go to the doctors. You can also use your Current Physical condition as a "means to an end" in stating that your physical needs for a "ramp" instead of stairs was a factor.

All in all the guys living in the house are up for your portion. They will just get another room mate.

Speaking of room mates, in your lease is there a "sub-let" clause where you can find a room mate of your own. 600 is quite a bit to carry all on your own once the winter heating bills come up.

Here is a SECRET that you "Happened upon". your new LL... is a very smart man. Having a building without someone in it over the winter = BURST Water Pipes!!! The worst type of damage to a house is WATER DAMAGE. so your LL wants you there. It keeps windows and stuff from being broken and pipes bursting and stuff.

They changed the laws here where i live so that when the ll turns the water off he has to pay almost 100 bucks to turn that same water on again. This forces the LL to wait till the snow flies to turn the water off. Most renters will not take an apartment when the water does not work.

So you got in at a great time. The school year already started and you were very smart to get out of there when you did.

Grats on that. It sounds like the LL at the dumb knows that the others are liable for your portion. Just wait until the end of the month when the rent is due there and watch the aftermath. SWEET.

Remember the most important thing. YOUR STUDIES!!!

-Makai- · Sep 24, 2008, 03:01 AM // 03:01

@ Vaal: Thanks for the concern, but I think my lawyer will take it all from here.

There's no sub-let on this lease, but I'm able to add anyone after the land lord meets him. I doubt I'll be able to get anyone this semester, though, because the school has already charged students for living on-campus. Besides, I'd like to sit back and relax by myself for a while; again, after living with 20+ students on the same floor for four years, I deserve some solace.

Anyhow, I'm at the new place now and everything is going great. I still haven't heard from the old land lord yet, but again, my lawyer is taking care of it.

Quote:

Originally Posted by imnotyourmother

Remember the most important thing. YOUR STUDIES!!!

Being a fifth-year senior means I have a scant amount of credits left to fulfill. Thirteen hours this semester is icing on the cake of my recent victories. Though I did just purchase Spore, so...hmm...yeah, I'll keep your advice.

Quote:

Originally Posted by imnotyourmother

600 is quite a bit to carry all on your own once the winter heating bills come up.

Let's just say that my family is exempt from giving me Christmas presents for the rest of my life.

fenix · Sep 24, 2008, 06:11 AM // 06:11

Wow, reading this thread progression is like a movie. F*cking asshole roommates, bad land lord, health issues. Then suddenly you get an amazing place for a good price, and you go from a bad situation to a potentially excellent one.

Now just stick up some flyers and get a few female roommates, and you'll be my hero.

-Makai- · Sep 27, 2008, 07:10 PM // 19:10

Unfortunately, I have some pretty disheartening news.

I received a letter from the slumlord earlier today, stating that he won't let me break the lease. He's seeing this situation as a conflict between my roommates and I and expects me to pay the rent until May. My lawyer's getting on it, but I'm incredibly worried about this all the same. However, the old LL didn't mention my unfit living conditions in the letter, so I think that helps my case a bit. Furthermore, I'm calling a health inspector to check out the place on Monday or Tuesday...I don't think the LL has cleaned up the mold yet, but my pictures will probably be enough proof.

My only concern is that part of the lease states that 'I have been shown the house and believe it to be in good condition'. Once again, though, I made it clear to the LL that we would have two people staying down there and I signed the lease assuming he would clean up the mold.