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Environmental & Toxic Torts : Includes Asbestos, Chemicals, Mesothelioma, Mold
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  #1  
Old 01-04-2007, 12:45 PM
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mold


What is the name of your state? Michigan
I am a current resident at an apartment complex. Mid-December, I discovered water damage on the floor of my bedroom closet. Upon removing all items from closet, I discovered mold growing on the wall to the exterior of said closet. My landlord was informed, and it was determined that there was a crack in the foundation that caused the water leak. This discovery was made about 3 weeks ago, but with the extent of damage to personal property, and the mold growing, it is evident the problem had been there for some time. I expressed to my landlord the concerns about exposure to mold, and that I felt there is mold growing behind the wall itself. The landlord removed the carpeting and washed down the wall. It was approximately 8-10 days before the crack in the exterior wall was "fixed" from the outside of the building. Prior to fixing, it rained and more water/mold was produced, which the landlord again "cleaned." Recently, it appears that mold is again growing along the base of the wall. I advised the landlord, and they came in and "cleaned" the wall again. However, they did not pull the carpet back and therefore missed a large portion of the mold to be cleaned. I have written documentation from that stating the mold has been taken care of the 2nd time, which obviously it is not. I have 3 months remaining on my lease. I will be moving from this residence when my lease expires. I have requested the tenant provide in writing from the Health Inspector, that the area is mold free. I have given the landlord 3 business days to supply this documentation. Essentially, if this documentation can not be provided within this time frame,what recourse do I have from that point ? Would this be a case for Constructive Eviction on my part ? Would getting documentation from my physician assist in my claim ? I would like to be able to terminate my remaining time on my current lease, and move immediately from this residence.

Thank-youWhat is the name of your state?
  #2  
Old 01-09-2007, 08:47 AM
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How are you a resident, but not a tenant?
  #3  
Old 01-12-2007, 02:22 PM
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Can you prove that the mold that is growing along the baseboard is actually the type of black mold that is harmful, as opposed to just plain ol' mold/mildew due to a damp place?

Not all mold is harmful, and in fact, instances of harmful mold are relatively rare regardless of the amount of media coverage they receive.

This is a good source that shows you what types of mold are harmful, and which not. And... even IF the type of mold growing on the closed wall IS the harmful kind (which is highly unlikely) it's doubtful the amount of it growing is enough to cause illness.

[url]http://www.inspect-ny.com/sickhouse/NotMold.htm[/url]

Given that... what do you suggest your doctor write you a note for? As sort of a get out of lease free pass?
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  #4  
Old 01-12-2007, 02:28 PM
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seems to me someone who wanted out of their lease bad enough, just might try growing their own mold. Not accusing, just, pondering
  #5  
Old 02-08-2007, 05:13 PM
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Once some molds start growing in building materials, you can not just "clean it up". You can wash it down with bleach, it appears to be gone, but it will reappear as it is deep in the wood, dry wall, etc.

You could spend the time and money to get out of the lease, or you could wait it out and be out in three months. It would probably take some time to get all of the testing and documentation you need, and it would probably take some time for you to find a place, pack and move. I would just rather save my money, my time and my blood pressure the hassle of the fight. You know the saying....would you rather be happy or right? Either way, I would personally want to move rather than take a chance that the mold would make me sick.
  #6  
Old 02-21-2007, 10:04 PM
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But, that personal choice will not get you out of your lease obligations.
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