shechrissy
Member
We live in Portage County, Wisconsin.
OUR SITUATION: The lease for our apartment was signed on May 20, 2005. When moving in, we smelt an earthy-like odor from the windows, but thought this was just the dirt in backyard. There was also a pamphlet on mold that the landlord left in our apartment for our reference.
Now we've found mold in the windows. I would guess the mold is because there is a lot of condensation on the storm window, and has gathered on the rotten wood frame to provide perfect breeding grounds for mold to grow.
This fall when it was nice outside, I would open the windows to get fresh cold air at night. My son started becoming sick in September. He has been seen by his specialists two hours away for everything from a cold to pneumonia to being treated for croup and a sinus infection- none of the treatments seemed to help. However, my son would get better when we were out of town for days at a time while he was in the hospital being treated. Immidiately when we returned to the apartment, he would become sick again.
The beginning of November, I found mold in the windows and started reading up on some of the reactions mold can cause in people who already have health conditions such as asthma (my son has chronic upper respiratory obstruction similar to asthma, is quadrapalegic, and has cerebral palsy). I contacted my son's pulmanologist, and was instructed by his nurse (who knows my son well) to leave the apartment immidiately until the landlord could clean it, and so we could tell if it really was the mold causing the breathing problems. Sure enough, now we have been gone over three weeks, and he has returned to his normal pattern.
I also suspect there may be mold in my son's closet underneath the carpet, because I picked up clothes that had a dank earthy smell after becoming wet from lying in the closet.
I've contacted the landlord notifying them of the health hazard and demanded they hire a professional to inspect and test for mold, and to hire a remediation company to do the cleaning. They came out and said there was no health hazard because the mold was on the storm window and "mold spores can not pass through glass." They must have thought we will never be opening the windows again? They also stated that I am required to wiped off any condensation that forms on the windows to avoid the problem... but if I open the windows to wipe them, I will be exposing my child to the mold spores again.
The landlord also never adressed the closet to inspect for mold underneath the carpet. Additionally, they were notified several times by the previous tenant that there was a smell of mold in the apartment. I am told that in the other units (there are three other apartments in this building), there is a woman with asthma who is having reactions and hives in her apartment, and a 3-4 year old child who is having hives as a reaction to their apartment. Perhaps the landlord leaving the pamphlet about mold at the time I moved in was an indicator that there may have been pre-existing conditions or they knew about the presence or the possibility of a presence of mold?
Under Wisconsin State Statutes (Sec 704), I have a right to withhold rent because the apartment is untenantable due to the health hazard, which I have done. I also have the right to remove from the premises because of undue hardship caused by the health hazard, which we have temporarily done, although most of our belongings and furnishings remain at the apartment.
Now that I have withheld rent, the landlord is trying to evict me for not paying rent. They deny any health hazard or negligence on their part, and refuse to clean the apartment.
QUESTIONS: I am hiring a mold inspector to inspect the apartment and test the mold. A professional cleaning service may be required to clean the mold so we may resume living in our apartment. If the landlord refuses to pay for those services, how likely is it that they may be ordered to repay me for the services? The limitation on small claims is $5,000.00- are attorney fees included in that amount, or can those also be awarded in addition to the $5,000 (or less) limitation?
If the landlords back off because they realize that this may very well lead to a lawsuit for the medical complications my son has gone through due to their negligence, and don't take me to court, I will file in small claims. I need to know if I should hire an attorney to represent me, or if I might be able to do this on my own. What else might I need to know or proove when I go to court?
Thank you so much for your response! It is greatly appreciated!
[email protected]
OUR SITUATION: The lease for our apartment was signed on May 20, 2005. When moving in, we smelt an earthy-like odor from the windows, but thought this was just the dirt in backyard. There was also a pamphlet on mold that the landlord left in our apartment for our reference.
Now we've found mold in the windows. I would guess the mold is because there is a lot of condensation on the storm window, and has gathered on the rotten wood frame to provide perfect breeding grounds for mold to grow.
This fall when it was nice outside, I would open the windows to get fresh cold air at night. My son started becoming sick in September. He has been seen by his specialists two hours away for everything from a cold to pneumonia to being treated for croup and a sinus infection- none of the treatments seemed to help. However, my son would get better when we were out of town for days at a time while he was in the hospital being treated. Immidiately when we returned to the apartment, he would become sick again.
The beginning of November, I found mold in the windows and started reading up on some of the reactions mold can cause in people who already have health conditions such as asthma (my son has chronic upper respiratory obstruction similar to asthma, is quadrapalegic, and has cerebral palsy). I contacted my son's pulmanologist, and was instructed by his nurse (who knows my son well) to leave the apartment immidiately until the landlord could clean it, and so we could tell if it really was the mold causing the breathing problems. Sure enough, now we have been gone over three weeks, and he has returned to his normal pattern.
I also suspect there may be mold in my son's closet underneath the carpet, because I picked up clothes that had a dank earthy smell after becoming wet from lying in the closet.
I've contacted the landlord notifying them of the health hazard and demanded they hire a professional to inspect and test for mold, and to hire a remediation company to do the cleaning. They came out and said there was no health hazard because the mold was on the storm window and "mold spores can not pass through glass." They must have thought we will never be opening the windows again? They also stated that I am required to wiped off any condensation that forms on the windows to avoid the problem... but if I open the windows to wipe them, I will be exposing my child to the mold spores again.
The landlord also never adressed the closet to inspect for mold underneath the carpet. Additionally, they were notified several times by the previous tenant that there was a smell of mold in the apartment. I am told that in the other units (there are three other apartments in this building), there is a woman with asthma who is having reactions and hives in her apartment, and a 3-4 year old child who is having hives as a reaction to their apartment. Perhaps the landlord leaving the pamphlet about mold at the time I moved in was an indicator that there may have been pre-existing conditions or they knew about the presence or the possibility of a presence of mold?
Under Wisconsin State Statutes (Sec 704), I have a right to withhold rent because the apartment is untenantable due to the health hazard, which I have done. I also have the right to remove from the premises because of undue hardship caused by the health hazard, which we have temporarily done, although most of our belongings and furnishings remain at the apartment.
Now that I have withheld rent, the landlord is trying to evict me for not paying rent. They deny any health hazard or negligence on their part, and refuse to clean the apartment.
QUESTIONS: I am hiring a mold inspector to inspect the apartment and test the mold. A professional cleaning service may be required to clean the mold so we may resume living in our apartment. If the landlord refuses to pay for those services, how likely is it that they may be ordered to repay me for the services? The limitation on small claims is $5,000.00- are attorney fees included in that amount, or can those also be awarded in addition to the $5,000 (or less) limitation?
If the landlords back off because they realize that this may very well lead to a lawsuit for the medical complications my son has gone through due to their negligence, and don't take me to court, I will file in small claims. I need to know if I should hire an attorney to represent me, or if I might be able to do this on my own. What else might I need to know or proove when I go to court?
Thank you so much for your response! It is greatly appreciated!
[email protected]