Mold growth, what are my rights?

[Jordans Mom]

What is the name of your state? Maryland

I rent an apartment that has a serious problem with mold growth. Landlord has attempted repair numerous times by patching over or painting the mold and has attempted to fix the leak to no avail. No safety precautions were taken during repairs, therefore my son and I have been exposed to spores, dust etc during previous repairs. Most recently, a leak from another source flooded about 50% of my ceiling space and has seeped through causing broken drywall and stains on my ceiling. That is the minor of the problems but illustrates the negligence demonstrated by the landlord. I do not want to renew a lease here, but need to pursue the landlord for this, because I have been informed that the leaking problem affected the 2 previous renters also, so this is an ongoing problem.
What I would like to know is what my rights/options are? I know about Esgrow, but honestly, I don't care to stay here any longer, so if the fix it now, it's not to my benefit. I have suffered unexplainable illnesses, and my son has been diagnosed with Asthma, so I feel that this is a serious threat to our health.
I'd appreciate advise on what way to go from here, and what I can expect to gain from pursuing this manner.
Thanks!

 

[yoyoma]

you left out the MOST important fact:

do you have a lease?

if so when does it end?

 

[Jordans Mom]

Sorry....lease info

Yes, I have a lease and it is due to be signed again by July 1st. I really need to get moving with this! Any advice?

 

[yoyoma]

Then DROP everthing shut off the tv stereo gameboy etc........sit down and READ your lease.

What happens if you dont sign it? does it turn to a month to month lease?


Does the lease require you to give a 30 day notice before the lease terminates?

if so the give your 30 day notice, and then you would still have to pay rent for july, but you could be out by then.

The landlord cannot force you to sign the lease but can refuse your july rent and start evcition proceedings as a hold over.

But if you sign the lease then you are screwed even worse.

 

[CA. Landlady]

Jordans Mom.

You should seek local legal counsel. It would be civil torts suit. The premises will need to be professionally tested.

Also, call upon your local buliding code inspector. He/she may declare the permises uninhabitable.

Mold and meldew is a serious health risk that owners must take very serious. Law suits are mounting across the nation against those who do not take it seriously.


http://www.toxic-mold-tort-news-online.com/
• In May, the Delaware Supreme Court upheld a $1.04 million award to two women whose landlord failed to address leaks and mold problems in their apartments, resulting in asthma attacks and other health problems. New Haverford Partnership v. Stroot, 2001 Del. Lexis 201 (May 7, 2001).

http://www.1877moldfree.com/
http://www.geocities.com/toxicmolds/

 

[jlw1000]

Delaware is a pro tenant state. A tenant can withhold rent, destroy property, refuse the owner access for months on end, threaten the landlord with physical violence & the police and courts do nothing. So I would not use what occurs in Delaware as an example of what may occur in other more reasonable states.

 

[Jordans Mom]

Thank you..here's what I've done today

Thank you so much for the quick advice/suggestions. I spent the rest of last night researching, and I have found that my landlord has basically "messed up" pretty bad with this. I contacted the City Codes office (referred by the health dept.) and they are having an inspector out in the next few days. I also contacted legal aid (don't have a lot of money to fight this) and should hear from them in a few days. I will be contacting attorneys on my own also in hopes that I can find one that will taje the case on a "if we win" basis, which as of today, I am quite confident that we will.
My concern right now is that I received a note yesterday stating that the painters will be coming in to make repairs next week, but it's just another "cover up" repair. I can't deny them entrance, but I can't let them make the "repairs' haphazardly either. I have researched (previously and again thanks to the links in the above post) the type of mold and required methods of disposal, and they won't be following those "rules", which is putting my son and I at higher risk of further complications. Can I request in writing that they follow these rules (I'll include my findings, articles, etc) and also put us up off the premises while they repair?
I have also found that because they did not do the repair in accordance with below info, that I have the rights listed there, including giving written notice and leaving without obligation.

If, after receipt of written notice, and expiration of the applicable period of time, as provided in RCW 59.18.070, the landlord fails to remedy the defective condition within a reasonable time the tenant may:

(1) Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280;

(2) Bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law; or

(3) Pursue other remedies available under this chapter.

And that isn't even because of the mold, just because they didn't do repairs in a timely manner and the problem is a health hazard.

So, now I guess the next step is to find a lawyer and see what the health dept says.

Thanks again, and any other advice is still appreciated!

Lisa

 

[Jordans Mom]

Oh, one more thing....

Would it be wise to leave here, put our stuff in storage and check into a hotel after we've gotten the results from the health inspector? Would I be able to turn the bills over to the rental office for that? Also, do I have to remain in possesion of the premises while we go to court, or can I leave per the info above about them having had enough time to repair and I give notice in writing and leave?

Thanks again!

 

[CA. Landlady]

These are all relevant questions for your attorney to answer. The attorney will best advise you on requests to make, your options and remedies. Much of what you said would be/should be the way it will work. However, you must get it officially documented by an inspector that the premises must be tested and there is a huge problem. There's also much more reading material for you on the net. Type "toxic mold" into your search engine.