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Daughter sick due to apartment need to move soon!!!

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Nae-Nae

Junior Member
What is the name of your state?virginia
My 13 month old daughter was just tested today for a skin allergy test. She was stuck sixty times across here back. tha results were crazy out of the sixty shes allergic to thirty. Eleven which are food allergies and nineteen which are inhalants. My daughter didn't get sick until we moved in this apartment when she was about seven months old. Thought she was allergic to milk but not milk everything else. Never thought it was mold until today the doctor told me I had to move because that was the main thing making her sick. Shes been sick ever since weve been here and getting worser. So the dr. is writing me a note to the landlord to move. I want to know can I be held liable for the rest of the rent. My lease runs out in October and they know about the mold it's in every apartment growing in the closet, walls, window ceils, patio doors, front doors, and socket plugs. Sorry it's so long but I wanted you to know all the facts. Don't want my baby to die because of the mold!!!!!!!!!!!
 


zippysgoddess

Senior Member
I would think this would be proper grounds to break your lease, since you have a doctor's backing, as long as the presence of the mold is well-known and documented.

Make sure to keep copies of all the papers from the doctor for yourself, don't just give them all to the landlord/manager. You will want copies to protect yourself if they do try to sue you or keep a security deposit.

Also make sure to have her tested for respiratory allergies as well, these usually follow right along with skin allergies to mold, mildew, and fungi!
 

stephenk

Senior Member
" it's in every apartment growing in the closet, walls, window ceils, patio doors, front doors, and socket plugs."

For how long have you known about the mold that is everywhere?
 

funkymonkey

Junior Member
Here in Oklahoma under the Landlord and Tenant Acts Section 121 part D.if there is a noncompliance by the landlord with the terms of the renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which noncompliance is not remedied as promptly as conditions require, the tenant may terminate the rental agreement upon written notice to the landlord which notice specifies the noncompliance.
Section 122 part B. If the rental agreement is terminated under this section the landlord shall return all deposits, all prepaid and all unearned rent.
Bottom line, If the landlord rented you a place that is mold infested it would be considered uninhabitable and the land lord needs to return to you all rent paid, your deposits, and any thing else you paid. First you have to write your letter explaining the situation and have it mailed certified or have the landlord sign it and keep your self a copy for your records. You may also have to have a mold test done on your apartment to proof that it is actually the apartment that is causing the reaction. If you do this and have your proof you may be intitled to more than just your rent. If enough people start holding the landlords responsible for the rentals instead of just moving out, maybe the landlords will think twice before they re-rent there places. Maybe it will stop alot of the problems that the rest of the renters have to put up.
The two main points of this post is the place was uninhabitable and any rent paid is considered unearned rent. Talk to a lawyer. I did on this same issue and my lawyer paid for the mold test out of his pocket ($605) because he knows that there is money to be made on an issue like this one. Mold can kill you, especially children. If nothing else is taken from this post at least get your family out and keep copies of the letter you submit to your landlord along with your Dr. statement. Also don't sign anything that will release your landlord from any responsibility to you or your child. Mold attacks internally and may take awhile for you to find out what all damages if any you have occured. One more thing. Your furniture, bedding, and clothing may also be contaminated now. If you move, the mold spores may also go with you. Talk to a lawyer!
 
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bayala1313

Junior Member
funkymonkey..

Only if the landlord was notified of the problem and did not attempt to fix it.
If the landlord had no knowledge of the problem how would they know that there was something that needed fixed. I disaggre with the possibly return of back rent...but if now the landlord knows about the issue and does not fix it then the tenant would not have to pay for rent until the problem is completely cured.
Also keep in mind before you decide to sue your landlord. The landlord could have an equal argument towards the tenant...for example...."the tenant failed to use the bathroom ceiling vent for ventilation while taking showers causing a high amount of moisture in the apartment" therefore..the landlord could counter sue the tenant for damages to the apartment and the claim against the landlord could be dropped resulting in nothing more than the tenant being held liable for damages to the apartment they now have damaged.
 

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