Moldy and Evicted

[StaceyH7523]

What is the name of your state? Texas

We were evicted from our mobile home by our landlord and are being sued for one months rent. We moved there in June and the following month noticed that there were problems in the bathroom due to the foul smells emitted whenever the shower was turned on. We told our landlord about it but nothing was done. Eventually, water leaked from the bathroom into the neighboring room and in cleaning and repairing the leak ourselves (because the landlord would not), we noticed mold on the property. We notified the landlord repeatedly for the next two months but he never sent anyone out to look at the damage. We got an estimate ourselves of what it would cost to fix the situation and he refused it saying he would get his own, he never did. We told him that we would not pay anymore rent until he began work on the problem. Then he got mad. He sent his kids over to the house to collect rent and we turned them away. He claims now that we violated our agreement because he saw stray cats on our porch and that they were not listed as animals in the lease. Our realtor after hearing our plight has refused to act in any way, even after at first offering to send a mold mediator out to the property. We got a notice taped to our door on the 30th of October (Tuesday) stating that we are to appear in court on Monday, Nov. 5th for eviction proceedings. What do we do....

[ecmst12]

You have neither read nor followed your state laws for repair and deduct. Do that now. Did you notify your landlord at any point IN WRITING about the problem?

[crypto]

Hey there. Do you have any pics or anything in writing? If not, it still sounds like retaliatory eviction all the way. I just wrote to someone earlier that I see this so very very often. When you answer the petition, if that is what you received, at least counterclaim if you will, RETALIATORY eviction. He doesn't want to pay like you said. I really really hope you win this case!! Also, did you hold the rent in an escrow account? It's wise to do that because it can still be a problem that you withheld rent believe it or not. Please let us know the outcome. Email me if you'd like. I really wish you the best of luck and will pray that you win!!!!! Sorry for your trouble.

[searchertwin]

Originally Posted by StaceyH7523

What is the name of your state? Texas

We were evicted from our mobile home by our landlord and are being sued for one months rent. We moved there in June and the following month noticed that there were problems in the bathroom due to the foul smells emitted whenever the shower was turned on. We told our landlord about it but nothing was done. Eventually, water leaked from the bathroom into the neighboring room and in cleaning and repairing the leak ourselves (because the landlord would not), we noticed mold on the property. We notified the landlord repeatedly for the next two months but he never sent anyone out to look at the damage. We got an estimate ourselves of what it would cost to fix the situation and he refused it saying he would get his own, he never did. We told him that we would not pay anymore rent until he began work on the problem. Then he got mad. He sent his kids over to the house to collect rent and we turned them away. He claims now that we violated our agreement because he saw stray cats on our porch and that they were not listed as animals in the lease. Our realtor after hearing our plight has refused to act in any way, even after at first offering to send a mold mediator out to the property. We got a notice taped to our door on the 30th of October (Tuesday) stating that we are to appear in court on Monday, Nov. 5th for eviction proceedings. What do we do....

Let me get this straight. You had a problem, a foul smell, when shower was on. How long did you stay and took showers? ( Three Months) Did you even consider that you contributed to the mold problem by taking hot showers? Why should a landlord fix something that you contributed to? You need to go and at least share in some of the expenses. You had the opportunity at time of renting the place to run the shower and than you would have noticed the smelled and had the chance to WALK AWAY. Don't blame landlord 100%...

[ErynSMA]

Originally Posted by searchertwin

Let me get this straight. You had a problem, a foul smell, when shower was on. How long did you stay and took showers? ( Three Months) Did you even consider that you contributed to the mold problem by taking hot showers? Why should a landlord fix something that you contributed to? You need to go and at least share in some of the expenses. You had the opportunity at time of renting the place to run the shower and than you would have noticed the smelled and had the chance to WALK AWAY. Don't blame landlord 100%...

That seems above and beyond the scope of a normal walk-through when considering renting. I do not believe the average person would run the shower when viewing a place.

[Jaun22]

I would have never thought of doing something like that.