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| Topic: Just how scandalous is this? | |
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I am having a nice running paper war with my land lord. House has mold, landlord did not follow legal procedure dealing with it, exposed me more doing illegal repair work, then today...
They show up wanting to continue work after me repeatedly protesting them not putting me up while they do the work and the landlord's wife told me she does not care about my allergy to mold to my face. I handed them the proof of an Allergy test and sent them on their way. I mean really... How fuqing cold is that? Time to see what Mister judge says about that! Now I am not going to offer this as a generality but PEOPLE SUCK! PEOPLE REALLY DO! So seriously, just how scandalous is that??? |
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I am having a nice running paper war with my land lord. House has mold, landlord did not follow legal procedure dealing with it, exposed me more doing illegal repair work, then today... They show up wanting to continue work after me repeatedly protesting them not putting me up while they do the work and the landlord's wife told me she does not care about my allergy to mold to my face. I handed them the proof of an Allergy test and sent them on their way. I mean really... How fuqing cold is that? Time to see what Mister judge says about that! Now I am not going to offer this as a generality but PEOPLE SUCK! PEOPLE REALLY DO! So seriously, just how scandalous is that???  lawsuit
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Mold is not healthy for anybody!
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You don't have a case, I doubt. You will probably find an attorney who will take it but it's doubtful that, after attorney's fees etc, you'll see anything.
There is nothing in your lease that requires your landlord to accomodate your health issues, that's YOUR problem. Yes, they have mold, but, they are making a good faith effort to correct the problem. If there is nothing SPECIFICALLY in your lease saying they have to pay for your accomodations if your apartment becomes uninhabitable (using the legal definition), then they do not have to. Nor are they required to be sympathetic, empathetic or anything else. Is it cold and heartless, yes. Is it illegal and a civil offense? No, sorry to say it's not. Do you have renter's insurance? Your policy may (and probably does) cover temporary lodging. You may have to pay upfront, but you should be reimbursed. Good luck. |
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I lived in an apartment haunted by mold. I found out quickly that in my state the landlords hold all the cards. I had to move at my own expense. BUT it was well worth the money to be out of there and not to have to go through a lost-cause lawsuit.
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Nail em. I'm sick of all these stories about these jerk off slumlords, only wanting to collect their rent and not caring about their renters.. make em fix it.
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I lived in an apartment haunted by mold. I found out quickly that in my state the landlords hold all the cards. I had to move at my own expense. BUT it was well worth the money to be out of there and not to have to go through a lost-cause lawsuit. In most states, this is the case, unfortunately. Renters themselves have very few rights. And generally, it is not worth the expense to go to court and by the time the case comes up on the docket, the lease is over. Landlords KNOW this, which is why they write the leases in their favor. It is up to tenants to read and understand their leases beforehand so they know EXACTLY what they are getting into. Some issues can be negotiated, but not many. In this particular case, this is where renter's insurance comes in handy. Most policies will pay for other accomodations in cases like this. |
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Mold is a serious issue, they may want to reconsider their stance. My Step father, has a granddaughter, who was subjected to mold in her public school. All the kids kept having "flu like" symptoms. (i think this was in Vero Beach Fla.) about four years ago. The school was closed, or at least that wing, when she had one of her lungs removed..that's right..a beautiful 17 y/o perfectly healthy girl. The blame was on the air conditioning system, the condensation overflowing the drip pans and saturating the insulation. She was awarded over a million dollars, but still..she's just a young lady, and now part of her is gone, simply because people ignored the problem. So yeah..I would say it's a pretty damn serious issue. |
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You would think that even before they rent it they would take care of the problem. After all it is their property and one would assume they would want it to be in tip top shape.
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I lived in an apartment haunted by mold. I found out quickly that in my state the landlords hold all the cards. I had to move at my own expense. BUT it was well worth the money to be out of there and not to have to go through a lost-cause lawsuit. In most states, this is the case, unfortunately. Renters themselves have very few rights. And generally, it is not worth the expense to go to court and by the time the case comes up on the docket, the lease is over. Landlords KNOW this, which is why they write the leases in their favor. It is up to tenants to read and understand their leases beforehand so they know EXACTLY what they are getting into. Some issues can be negotiated, but not many. In this particular case, this is where renter's insurance comes in handy. Most policies will pay for other accomodations in cases like this. Excellent point about the renter's insurance. I've held it for years, and both times when I had an apartment flood, it came to my rescue. Unfortunately, during the last mold issue, it wasn't the direct result of any known damage to my apartment, i.e. it was the result of a flood in an upper apartment that occurred before I took occupancy and the tenant before me had not voiced a complaint. (Apparently the only "damage" was in the wall between the two apartments). Therefore, there was no paper trail linking the flood to the mold to my problems, and it was not covered. That being said, I highly recommend any renters pay the low bucks for renter's insurance. When they did pay off, they paid off well, few questions asked. It was a lifesaver and well worth the money. |
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I used to manage an apt complex, the owner refused to take care of a mold problem the correct way,one of the families that ended up with allergies and health problems sued. The owner had to foot the bill for them to move their belongings, their medical expenses, and the first and last months rent plus security deposit for their new place. So it is possible to win a lawsuit against an inconsiderate, lowlife landlord.
Good Luck!!! |
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I used to manage an apt complex, the owner refused to take care of a mold problem the correct way,one of the families that ended up with allergies and health problems sued. The owner had to foot the bill for them to move their belongings, their medical expenses, and the first and last months rent plus security deposit for their new place. So it is possible to win a lawsuit against an inconsiderate, lowlife landlord. Good Luck!!! Again , it depends on state law, so do a bit of research before you do anything else...anything...including walking into an attorney's office. |
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Concerning my above post,
It was in palm beach, not Vero beach. Read here http://www.floridanot.com/classroom.htm third post down, concerning Kyla. The girl actually passed on the operating table, but was brought back. http://www.floridanot.com/classroom.htm |
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You don't have a case, I doubt. You will probably find an attorney who will take it but it's doubtful that, after attorney's fees etc, you'll see anything. There is nothing in your lease that requires your landlord to accomodate your health issues, that's YOUR problem. Yes, they have mold, but, they are making a good faith effort to correct the problem. If there is nothing SPECIFICALLY in your lease saying they have to pay for your accomodations if your apartment becomes uninhabitable (using the legal definition), then they do not have to. Nor are they required to be sympathetic, empathetic or anything else. Is it cold and heartless, yes. Is it illegal and a civil offense? No, sorry to say it's not. Do you have renter's insurance? Your policy may (and probably does) cover temporary lodging. You may have to pay upfront, but you should be reimbursed. Good luck. My how wrong you are. It is clearly in the CA state health and safety regulations that a landlord is responsible to follow professional procedure pertaining to remediation. If a heath and safety issue is present in a rental the landlord MUST accommodate the tenants until the situation is corrected "BY PROPER AND LEGITIMATE MEANS." He also is when there is breaches of CA building codes like the illegal repipe along with some really illegal issues. He also is when there are obvious health issues. If you are a landlord and you hear your tenant complain about mold you had better jump on it because LA and NY and a few other states are coming down hard on landlords for it. My soon to be ex-landlords are shady pieces of work, period! |
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Concerning my above post, It was in palm beach, not Vero beach. Read here http://www.floridanot.com/classroom.htm third post down, concerning Kyla. The girl actually passed on the operating table, but was brought back. http://www.floridanot.com/classroom.htm That is just awful. |
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And yes a lawsuit is in the works.
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All I know are the laws in the state to which i live in. And if there is mold in the house the landlord has to take care of it at his expense. And it has to be legal or there is a lawsuit. As long as you pay your rent on time every month, there is nothing they can say. So if you lived in arkansas you would have a suit.
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Edited by
Rockmybobbysocks
on
Tue 07/28/09 12:30 PM
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andy, i thought you were going to get your lawyer involved??? what happened with that! i thought you were going to sue these people...
whats goin on dude.. you still not doin that!@? EDIT. nevermind. duh. look 2 posts up. hah |
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Edited by
AndyBgood
on
Tue 07/28/09 12:54 PM
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andy, i thought you were going to get your lawyer involved??? what happened with that! i thought you were going to sue these people... whats goin on dude.. you still not doin that!@? EDIT. nevermind. duh. look 2 posts up. hah The original lawyer was flaky so I went and got an appointment with another attorney Friday. I am going to drop a folder in front of him with a CD of pictures and my time line along with all pertinent evidence and I am looking at new places to move. I am leaving in a little while to do a drive by on one near by that is actually much bigger than the shoe box I live in and for the same money. I am not holding my breath but it is the first of the houses on my hunt. I am trying to not live in a Pigeon Hole for humanity. Shooting for a duplex or triplex. The one I am looking at also has the love of washer dryer hook ups. OH to do laundry at my own house again!!! If anything this whole load of poop I had to endure is an on going test of my patience. It ran out for my landlord! |
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andy, i thought you were going to get your lawyer involved??? what happened with that! i thought you were going to sue these people... whats goin on dude.. you still not doin that!@? EDIT. nevermind. duh. look 2 posts up. hah The original lawyer was flaky so I went and got an appointment with another attorney Friday. I am going to drop a folder in front of him with a CD of pictures and my time line along with all pertinent evidence and I am looking at new places to move. I am leaving in a little while to do a drive by on one near by that is actually much bigger than the shoe box I live in and for the same money. I am not holding my breath but it is the first of the houses on my hunt. I am trying to not live in a Pigeon Hole for humanity. Shooting for a duplex or triplex. The one I am looking at also has the love of washer dryer hook ups. OH to do laundry at my own house again!!! If anything this whole load of poop I had to endure is an on going test of my patience. It ran out for my landlord! yeah just get out. and once you're out.. call the health department. report them for not giving you a place to stay. hell report them now and let them know you have nowhere to go. |
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