Landlord denies request for mold test

[dewcansam]

What is the name of your state? Florida

I will include a picture of my toilet (photo removed)

I believe that this is mold. I showed it to the property manager and she said that it is NOT and refuses to do a mold spore test. Even though they are NOT that expensive. For some reason everyone believes that a mold test is outrageously expensive and too complicated to do. I was refused a mold test in a county owned property in Ohio and now I am being refused again.
Is it required for landlords to do a mold test if requested ?

I am extremely allergic to molds and have major chronic sinus and breathing issues. I am diagnosed with 'chronic rhinosinusitis with nasal polyps', conditional asthma (asthma that responds to certain triggers), and of course allergies. So having NO mold in the apartment is of paramount concern.
If it is not required for landlords to test for mold. Are they required to remove mold from the property if it is discovered ??

Are there any other suggestions for dealing with this problematic toilet ?? By the way 'cleaning' is not an answer because this growth occurs weekly. I do clean it very often, but cleaning it daily should not be an option IMO. Also, I am the only one in the property with this is issue. But I am also the only one with a new low-flow toilet. It also turns out that [Link removed]other people have similar issues.

PHOTO--removed

 

[Just Blue]

What is the name of your state? Florida

I will include a picture of my toilet (photo removed)

I believe that this is mold. I showed it to the property manager and she said that it is NOT and refuses to do a mold spore test. Even though they are NOT that expensive. For some reason everyone believes that a mold test is outrageously expensive and too complicated to do. I was refused a mold test in a county owned property in Ohio and now I am being refused again.
Is it required for landlords to do a mold test if requested ?

I am extremely allergic to molds and have major chronic sinus and breathing issues. I am diagnosed with 'chronic rhinosinusitis with nasal polyps', conditional asthma (asthma that responds to certain triggers), and of course allergies. So having NO mold in the apartment is of paramount concern.
If it is not required for landlords to test for mold. Are they required to remove mold from the property if it is discovered ??

Are there any other suggestions for dealing with this problematic toilet ?? By the way 'cleaning' is not an answer because this growth occurs weekly. I do clean it very often, but cleaning it daily should not be an option IMO. Also, I am the only one in the property with this is issue. But I am also the only one with a new low-flow toilet. It also turns out that [Link removed]other people have similar issues.

PHOTO--removed

I and everyone I know cleans their toilet and surrounding area daily. It only takes 10 min and it seems it would stop your problem.

 

[quincy]

What is the name of your state? Florida

I will include a picture of my toilet (photo removed)

I believe that this is mold. I showed it to the property manager and she said that it is NOT and refuses to do a mold spore test. Even though they are NOT that expensive. For some reason everyone believes that a mold test is outrageously expensive and too complicated to do. I was refused a mold test in a county owned property in Ohio and now I am being refused again.
Is it required for landlords to do a mold test if requested ?

I am extremely allergic to molds and have major chronic sinus and breathing issues. I am diagnosed with 'chronic rhinosinusitis with nasal polyps', conditional asthma (asthma that responds to certain triggers), and of course allergies. So having NO mold in the apartment is of paramount concern.
If it is not required for landlords to test for mold. Are they required to remove mold from the property if it is discovered ??

Are there any other suggestions for dealing with this problematic toilet ?? By the way 'cleaning' is not an answer because this growth occurs weekly. I do clean it very often, but cleaning it daily should not be an option IMO. Also, I am the only one in the property with this is issue. But I am also the only one with a new low-flow toilet. It also turns out that [Link removed]other people have similar issues.

PHOTO--removed

I see from your new thread in the landlord/tenant section of the forum that you are also having problems getting a handicap-accessible shower installed in your rental. And in the mold thread you revived from 2017, your question was concerning a half-inch of water on the bathroom floor.

You should send your landlord a "formal" letter, certified return receipt requested, with your mold complaint (and any other complaints about the condition of the rental), including photos of the problems if you want, and request that the mold issue (and other issues) be addressed. Attach medical documentation to support your needs.

You want to keep a copy this formal letter and copies of all photos and medical documents that are sent.

Landlords/property owners are responsible for maintaining their rentals in good condition.

Here is a link to the law: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.51.html

If mold remediation is necessary, you might have to relocate temporarily (possibly at the landlord's expense).

There is a "repair and deduct" option available to Florida tenants where, if the landlord is not responsive to your reasonable request(s), you can hire someone to make the repair(s) and deduct the cost from your rent. Consult in advance with a Florida landlord/tenant lawyer to discuss the pros and cons of taking this action.

 

[dewcansam]

TY quincy for that educated response, that helps.
However it still is not answering the question of who is financially responsible for a mold test, Me, the LL or the health department? After numerous web searches, I found this http://www.floridahealth.gov/environmental-health/mold/index.html
... Well for everyone's information the FL department of health will NOT do any mold testing.

Again, the LL is denying that it is an issue and will not do anything to test or rectify the situation.
Thanks quincy I will try to draft a formal letter as soon as I can. But she's already seen it and states that it is not mold. So I'm not sure what a letter will do other than protect my rights going forward.

There is a "repair and deduct" option available to Florida tenants where, if the landlord is not responsive to your reasonable request(s), you can hire someone to make the repair(s) and deduct the cost from your rent. Consult in advance with a Florida landlord/tenant lawyer to discuss the pros and cons of taking this action.

So, if I pay for a mold test can I deduct the cost of the test ? I have tried to consult with many attorneys and I get no responses, other than "Our firm will be unable to represent you in this matter."

 

[not2cleverRed]

[QUOTE="dewcansam, post: 3592484, member: 690350
Are there any other suggestions for dealing with this problematic toilet ?? By the way 'cleaning' is not an answer because this growth occurs weekly. I do clean it very often, but cleaning it daily should not be an option IMO. Also, I am the only one in the property with this is issue. But I am also the only one with a new low-flow toilet. It also turns out that [Link removed]other people have similar issues.

PHOTO--removed[/QUOTE]

You are supposed to clean the toilet at least once a week.

You have the complaint, the LL doesn't believe you, so you have to prove that your complaint is valid. Pay for the test, or learn how to clean.

 

[dewcansam]

Well, after pouring of FL statutes I found this:
386.01 Sanitary nuisance.—A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of anything, by an individual, municipality, organization, or corporation, by which the health or life of an individual, or the health or lives of individuals, may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused.
History.—s. 1, ch. 4346, 1895; GS 1153; RGS 2157; CGL 3386.

and
386.03 Notice to remove nuisances; authority of Department of Health and local health authorities.—
(2) If the sanitary nuisance condition is not removed by such person or persons within the time prescribed in said notice, the department, its agents or deputies or local health authorities, may within the county where the nuisance exists, remove, cause to remove, or prevent the continuing sanitary nuisance condition in the following manner:

So, it appears that I can file a complaint with the county health department and force the LL to take action. Unless I am reading that wrong. In which case, reply.

 

[quincy]

TY quincy for that educated response, that helps.
However it still is not answering the question of who is financially responsible for a mold test, Me, the LL or the health department? After numerous web searches, I found this http://www.floridahealth.gov/environmental-health/mold/index.html
... Well for everyone's information the FL department of health will NOT do any mold testing.

Again, the LL is denying that it is an issue and will not do anything to test or rectify the situation.
Thanks quincy I will try to draft a formal letter as soon as I can. But she's already seen it and states that it is not mold. So I'm not sure what a letter will do other than protect my rights going forward.


So, if I pay for a mold test can I deduct the cost of the test ? I have tried to consult with many attorneys and I get no responses, other than "Our firm will be unable to represent you in this matter."

There is no law in Florida that requires a landlord to test for mold. However, where mold exists that is not caused by the tenant (e.g., faulty plumbing rather than poor cleaning), the landlord needs to remedy the problem upon written notice by the tenant that there is a problem.

In order to claim that existing mold is a health issue, you need medical documentation.

I am not sure if the mold shown in the photo is a low-flo toilet problem or poor cleaning of the toilet. I think a thorough scrubbing to begin with and continued cleaning after that should resolve the problem.

You can have the mold tested at your expense to discover its type and source. If the source is one that the landlord is responsible for, he needs to deal with it.

 

[dewcansam]

[QUOTE="dewcansam, post: 3592484, member: 690350
Are there any other suggestions for dealing with this problematic toilet ?? By the way 'cleaning' is not an answer because this growth occurs weekly. I do clean it very often, but cleaning it daily should not be an option IMO. Also, I am the only one in the property with this is issue. But I am also the only one with a new low-flow toilet. It also turns out that [Link removed]other people have similar issues.

PHOTO--removed

You are supposed to clean the toilet at least once a week.

You have the complaint, the LL doesn't believe you, so you have to prove that your complaint is valid. Pay for the test, or learn how to clean.[/QUOTE]

http://www.floridahealth.gov/environmental-health/mold/index.html
"How Should Mold Be Cleaned?
Mold should be cleaned as soon as it appears. Persons who clean the mold should be free of symptoms and allergies. "

According to that, I am NOT supposed to be cleaning it. YOU have NO idea how bad my health issues are. I CAN NOT BREATHE AROUND THE STUFF !!!!! I struggle to breathe DAILY! Take numerous medications and have had 6 surgeries. Get woken up out of sound sleep gagging on sinus drainage. And read the post I DO CLEAN IT WEEKLY.

Please, if you can not read and answer the question, then don't.

 

[Ohiogal]

Hire someone to clean once a week then in addition to you cleaning it.

 

[quincy]

You are supposed to clean the toilet at least once a week.

You have the complaint, the LL doesn't believe you, so you have to prove that your complaint is valid. Pay for the test, or learn how to clean.

http://www.floridahealth.gov/environmental-health/mold/index.html
"How Should Mold Be Cleaned?
Mold should be cleaned as soon as it appears. Persons who clean the mold should be free of symptoms and allergies. "

According to that, I am NOT supposed to be cleaning it. YOU have NO idea how bad my health issues are. I CAN NOT BREATHE AROUND THE STUFF !!!!! I struggle to breathe DAILY! Take numerous medications and have had 6 surgeries. Get woken up out of sound sleep gagging on sinus drainage. And read the post I DO CLEAN IT WEEKLY.

Please, if you can not read and answer the question, then don't.

If your sensitivity to mold makes it difficult for you to clean, I suggest you have someone come in to clean your apartment for you. Your health issues only get worse if you do not keep the mold from developing.

But keeping the apartment clean is not a problem that a landlord addresses (until it is time to assess damages and return security deposits ).

Again, write your complaints to your landlord after testing for mold to see if what is seen in your toilet is actually mold that your landlord is responsible for taking care of.

You also might want to address in more depth with your doctor ways to handle your sensitivities.

Good luck.

 

[Just Blue]

You are supposed to clean the toilet at least once a week.

You have the complaint, the LL doesn't believe you, so you have to prove that your complaint is valid. Pay for the test, or learn how to clean.

http://www.floridahealth.gov/environmental-health/mold/index.html
"How Should Mold Be Cleaned?
Mold should be cleaned as soon as it appears. Persons who clean the mold should be free of symptoms and allergies. "

According to that, I am NOT supposed to be cleaning it. YOU have NO idea how bad my health issues are. I CAN NOT BREATHE AROUND THE STUFF !!!!! I struggle to breathe DAILY! Take numerous medications and have had 6 surgeries. Get woken up out of sound sleep gagging on sinus drainage. And read the post I DO CLEAN IT WEEKLY.

Please, if you can not read and answer the question, then don't.[/QUOTE]
sigh...

Buy a spritzer bottle and a bottle of bleach from a dollar store. Bring it home. Fill the bottle a third of the way with water and the rest of the way with bleach. Spray the bleach around the toilet and wipe/mop up. Do this once a day. It takes VERY LITTLE time and will stop the mold. Any household that has a "standing peeing" member should be doing this anyway.

 

[not2cleverRed]

You are supposed to clean the toilet at least once a week.

You have the complaint, the LL doesn't believe you, so you have to prove that your complaint is valid. Pay for the test, or learn how to clean.

http://www.floridahealth.gov/environmental-health/mold/index.html
"How Should Mold Be Cleaned?
Mold should be cleaned as soon as it appears. Persons who clean the mold should be free of symptoms and allergies. "

According to that, I am NOT supposed to be cleaning it. YOU have NO idea how bad my health issues are. I CAN NOT BREATHE AROUND THE STUFF !!!!! I struggle to breathe DAILY! Take numerous medications and have had 6 surgeries. Get woken up out of sound sleep gagging on sinus drainage. And read the post I DO CLEAN IT WEEKLY.

Please, if you can not read and answer the question, then don't.[/QUOTE]

I can read. I also know that if I have allergies, it is on me to be proactive to reduce the allergens. "At least" means that more often may be needed. You are in Florida, not Arizona. Florida is known for its high humidity. Therefore, you have to clean more often to kill the spores before they grow to a point where they are an issue.

Why someone with your alleged health issues would move to Florida (or any place anywhere near the Gulf Coast) is beyond me.

However, my statement stands: YOU believe there is a problem with mold, your LL disagrees. Therefore, your LL is not going to voluntarily agree to pay for the test. So, it is on you to prove what you are alleging. Pay for the test. And even then, if the problems are due to you not keeping a clean apartment, the LL might not be the responsible party for the cost of mold removal.

 

[dewcansam]

There is no law in Florida that requires a landlord to test for mold. However, where mold exists that is not caused by the tenant (e.g., faulty plumbing rather than poor cleaning), the landlord needs to remedy the problem upon written notice by the tenant that there is a problem.

In order to claim that existing mold is a health issue, you need medical documentation.

I am not sure the mold shown in the photo is a low-flo toilet problem or poor cleaning of the toilet. I think a thorough scrubbing to begin with and continued cleaning after that should resolve the problem.

You can have the mold tested at your expense to discover its type and source. If the source is one that the landlord is responsible for, he needs to deal with it.

As I can see from this thread and from the LL response. I am having lots of trouble showing that it is the toilet and NOT my cleaning habits. First I AM a very very clean fanatic. My apartment is one of the cleanest here. My sister always commented on that I was always so thorough in my cleaning of my dwelling. I have NEVER ever had a problem like this before. Also the older toilet that was in this apartment NEVER had this issue. I always kept the older one cleaned as well. It developed a leak at the floor flange and was replaced 5 months AFTER I moved in. THEN the problem arose. So since I had NO trouble with the older toilet and then it was replaced and now I have an issue. NOTHING CHANGED OTHER THAN THE TOILET. I did not change. My cleaning did not change. The water did not change. Just the new toilet !

Thank you again Quincy for your helpful post.
That actually answers the question. I must buy the test and then somehow show that the toilet is the issue. Again, that seems to be an uphill battle.

 

[Just Blue]

As I can see from this thread and from the LL response. I am having lots of trouble showing that it is the toilet and NOT my cleaning habits. First I AM a very very clean fanatic. My apartment is one of the cleanest here. My sister always commented on that I was always so thorough in my cleaning of my dwelling. I have NEVER ever had a problem like this before. Also the older toilet that was in this apartment NEVER had this issue. I always kept the older one cleaned as well. It developed a leak at the floor flange and was replaced 5 months AFTER I moved in. THEN the problem arose. So since I had NO trouble with the older toilet and then it was replaced and now I have an issue. NOTHING CHANGED OTHER THAN THE TOILET. I did not change. My cleaning did not change. The water did not change. Just the new toilet !

Thank you again Quincy for your helpful post.
That actually answers the question. I must buy the test and then somehow show that the toilet is the issue. Again, that seems to be an uphill battle.

Excuse me...I have been renting (tenant) for 35 years.

 

[dewcansam]

http://www.floridahealth.gov/environmental-health/mold/index.html
"How Should Mold Be Cleaned?
Mold should be cleaned as soon as it appears. Persons who clean the mold should be free of symptoms and allergies. "

According to that, I am NOT supposed to be cleaning it. YOU have NO idea how bad my health issues are. I CAN NOT BREATHE AROUND THE STUFF !!!!! I struggle to breathe DAILY! Take numerous medications and have had 6 surgeries. Get woken up out of sound sleep gagging on sinus drainage. And read the post I DO CLEAN IT WEEKLY.

Please, if you can not read and answer the question, then don't.

sigh...

Buy a spritzer bottle and a bottle of bleach from a dollar store. Bring it home. Fill the bottle a third of the way with water and the rest of the way with bleach. Spray the bleach around the toilet and wipe/mop up. Do this once a day. It takes VERY LITTLE time and will stop the mold. Any household that has a "standing peeing" member should be doing this anyway.[/QUOTE]

I HAVE done the bleach. The mold does NOT go away. I can get most of it gone but not all. I scrubbed the damn thing for 30 minutes and NOTHING. The LL gave me CLR that did NOT clean it. One poster on the toilet site said to use Muriatic acid (Hydrochloric acid) but again with my breathing I don't know if I could do it.