Former meth lab apartment. Please HELP.

[rabblewabble]

What is the name of your state? Colorado

My mother moved into an apartment several months ago. Through neighbors we recently discovered that there was a meth lab operating in the apartment, which was busted 2-3 years ago. The landlord never mentioned anything. This came to light only after my mother had been living there for several months and made friends with the neighbors. I have three main concerns.

1. From the little research I've done, I believe it is illegal for a landlord to not inform a new tenant that the unit has housed a meth lab. True?

2. I believe I read somewhere that a landlord is to keep detailed records of the measures taken to clean up the apartment for a certain number of years after the bust. True?

3. My mom has been getting sick lately. Dry heaves, headaches, etc. This may be because there was never adequate clean up, which would also explain why the landlord is so shady.

So the obvious question is what on earth do we do now? I feel pretty helpless, as my mom can't really fend for herself, has very little money (she's disabled, unemployed and on social security) and I'm only 17. Can the police do anything or is this going to require civil action?

 

[FarmerJ]

check with your city or county to learn if a local ord requires disclosure of past meth lab use, If its not addressed by your states laws then there is no disclosure. SO you know Former meth lab sites can indeed be cleaned up. clean ups can vary , the longer the unit had meth made in it the worse the clean up can be wich can included gutting of all drywall and exposed wood. Clean ups can vary depending on how far a states laws have addressed it. Perhaps a independant testing firm can test for you to determine the severity of the problem. If your mom wishes to use this as a reason to move she is going to have to prove the unit unfit. So get testing done and do some research to see if local or state laws have addressed the issue.

 

[rabblewabble]

I've considered the route of the independent testing firm, but wouldn't this cost a significant amount of money?

 

[xylene]

rabblewabble -

Please do not double post.

 

[rabblewabble]

Sorry, but I wanted to be positive this would be answered. It's a pretty big deal. I hope you wouldn't be concerned about double posting if your mom was seriously sick from living in a former meth lab.

 

[xylene]

I hope you wouldn't be concerned about double posting if your mom was seriously sick from living in a former meth lab.

Double posting prevents you from getting the best possible answer.

You claim to have information on a requirement for meth lab disclosure.

We all have read things 'somewhere'. Where did you read it? (Hint this is me trying to track down an actual LAW on this for you.

I'm also layin it down. If you believe mom is sick due to meth lab, you will need to prove that the illness is due to the meth lab. The court isn't just going to take it as fact that a failure to notifiy caused the illnesses...

Currnetly at best you have a landlord tenant law case for failure to notify former meth lab / remedation and that's ONLY if their is a relevant law in your state of Colorado and or municipal jurisdiction...

 

[rabblewabble]

I was probably mistaken when I mentioned the legal responsibility to notify, but reading over these regulations again, the property owner and contractor providing clean up are required to maintain an extensive record of the clean up for 7 years.

http://www.tchd.org/pdfs/methlab_rules.pdf - 8.25 (on the 11th page)

If the landlord produces a satisfactory copy of the report, he's immune to lawsuits concerning illness or injury that is claimed to be related to the former meth lab. That's my understanding at this point.

 

[FarmerJ]

Before testing why not make it simpler, Go to your local police dept and search for ALL police reports filed for this rentals address and apt number. IF there are none then consider wether to arrange for test or not. IF there is police report stating fact of meth lab being found thats all you need to follow up on the actual clean up history since the police report would have best value in small claims court. Your city / county may have records of a clean up ordered too check with them as well.