Peanut5580
Junior Member
What is the name of your state? New York
Hello..I originally posted this under Landlord/Tenant issues. I think I have more than a L/L tenant issue. I'm sorry this is so long, please take time to read. Thank you.
I had a water infiltration problem in my apartment. The management company was notified in September, 04. The water was in my kitchen & living room. There was visible mold on the walls.In December they came to "fix" the problem. They painted over it. In January, mushrooms began growing on my carpet. I called the health department & they filed a complaint. I held back Januarys rent. I have an infant, so I took it upon myself to have the air quality tested. I paid $650 for a private company to test the mold levels in the air. I recieved a call a week later from this company telling me to evacuate the apartment, they found dangerously high levels of toxic mold. (Aspergillus/Penicillum. Spores on the outside were 60, in my living room alone, all I could afford to have tested, they found 970!) We left immedietly and contacted the management company. In the meantime, they have not offered us any place to stay, we are living with family & friends..anyone who will take us in. We left literally with a bag of clothes each. We have been "homeless" for over a month now.
The management company is now attempting to fix the problem. That was after I had been out for 2-weeks, after I threatened to go to the media! They found the problem to be a leak in the wall, coming from the TOILET upstairs!! The insurance company is opening an investigation. I have contacted a lawyer & he tells me it doesn't look good that the insurance company is going to settle, they are going to argue that I didn't have renters insurance. I have called 6 top insurance agencies (including the one that the management company suggests we use) they have no renters policies that cover mold damage. On top of all this...they don't want to waive the rent for January & February, in an apartment I'm not living in!! They have gone as far as to send me threatening letters from their attorney! Do I have any chance in a lawsuit? What types of things could I ask them compensate me for? punitive? mental anguish? Originally, all I wanted was the replacement of my items, my apt. fixed correctly, and the past rent abated. I'm enraged now, it's gone on too long & I want to pretty much "nail" them. Please help.
Hello..I originally posted this under Landlord/Tenant issues. I think I have more than a L/L tenant issue. I'm sorry this is so long, please take time to read. Thank you.
I had a water infiltration problem in my apartment. The management company was notified in September, 04. The water was in my kitchen & living room. There was visible mold on the walls.In December they came to "fix" the problem. They painted over it. In January, mushrooms began growing on my carpet. I called the health department & they filed a complaint. I held back Januarys rent. I have an infant, so I took it upon myself to have the air quality tested. I paid $650 for a private company to test the mold levels in the air. I recieved a call a week later from this company telling me to evacuate the apartment, they found dangerously high levels of toxic mold. (Aspergillus/Penicillum. Spores on the outside were 60, in my living room alone, all I could afford to have tested, they found 970!) We left immedietly and contacted the management company. In the meantime, they have not offered us any place to stay, we are living with family & friends..anyone who will take us in. We left literally with a bag of clothes each. We have been "homeless" for over a month now.
The management company is now attempting to fix the problem. That was after I had been out for 2-weeks, after I threatened to go to the media! They found the problem to be a leak in the wall, coming from the TOILET upstairs!! The insurance company is opening an investigation. I have contacted a lawyer & he tells me it doesn't look good that the insurance company is going to settle, they are going to argue that I didn't have renters insurance. I have called 6 top insurance agencies (including the one that the management company suggests we use) they have no renters policies that cover mold damage. On top of all this...they don't want to waive the rent for January & February, in an apartment I'm not living in!! They have gone as far as to send me threatening letters from their attorney! Do I have any chance in a lawsuit? What types of things could I ask them compensate me for? punitive? mental anguish? Originally, all I wanted was the replacement of my items, my apt. fixed correctly, and the past rent abated. I'm enraged now, it's gone on too long & I want to pretty much "nail" them. Please help.