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Mold Issues in Apartment

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Souix

Senior Member
What is the name of your state? Oregon

I am asking this question for a client of mine.

She lives in a duplex where the mold is so bad that the ceiling is caving in. She has been put up in the unit next door while the landlord is fixing the problem. Today she got an eviction notice stating that she has 30 days to move because the landlord is accusing her of causing the problem by not providing adequate ventilation. She was in this apartment a long long time and getting very ill before I told her to complain.

Isn't it the landlord's responsbility to provide their buildings with adequate ventilation? Why are they accusing a tenant of these things. She doesn't even know how mold gets started. She is just a tenant. I told her to stop being a victim and take this matter to the County Public Health Department. She was afraid to before, because she thought she'd get evicted. Is there anything else she should do?
 


Souix

Senior Member
--PARIDISE-- said:
First of all Oregon is famous for the mold issue, and the landlord is not obligated to come in and open her windows every day.


***I know that, I happen to live here year round, that is not my question***


Not knowing what her contract states, the landlord may well be within his or her rights to evict.


***Probably but that was not my question either***



It sounds like the landlord moved her out and into another dwelling to fix the problem, and may have been told that ventilation was the reason.

***If you know anything about mold you would know that proper ventilation means that the roof vents need to be open and free from insulation. Also the foundation vents need to be open and free of debris blocking them. Now....are tenants required to climb up into the attic to make sure the insulation is not blocking the roof vents? Do they need to crawl around underneath the house and make sure the foundation vents are open? I don't think so. Are they required to crawl around under the house and make sure there is no water under there or fix the roof if it is leaking? I don't think so. I think the only thing they are required to do is report the problem to the landlord so he or she can fix it. Anybody else have any educated answers instead of wasting my time? She should report the landlord to the health department, but is there anyting else she needs to do?***
 

Souix

Senior Member
--PARIDISE-- said:
If the building is out of code and you are a real estate agent, then you know what to do. No one here can see the contract, title docs, inspections, or ect.....

Use Google, it is also free, and won't waste your time.

***What are you talking about? This is not an issue about title documents or an escrow. This is not a sale. This is a client of mine who is renting a duplex. There are no title documents, no inspections, no sales contracts...just a landlord/tenant issue. Who are you? You're not the infamous Callie are you? Go answer somebody else's questions, at least the ones you know the answers to. Oh wait a sec....are you the new forum troll? Don't answer, I don't have time for your nonsense
 

Souix

Senior Member
--PARIDISE-- said:
The title doc's to the property, you can look them up, public record.


***Why would I want to do that? Why are you telling me to do things that don't relate to the question I asked? Ok, here is the question again and maybe somebody with some brains can answer it.

I told my client that she needs to take pictures of all the moldy walls and ceilings which she has, she showed them to the landlord's property manager. The property manager moved her to the next apartment so they could remedy the situation. She did not want to call the health department because she was afraid she would be evicted. Now she is evicted anyway due to the fact that the property manager blames her for the mold problem due to improper ventilation. I told her to report the landlord to the health department along with documented proof (photos) of the problem. Is there any thing else she should do?

and Parasite states that we should get a title report???? Who are we supposed to be looking up? What is so hard about answering this question. Paridise, if you don't know the answer don't bother answering. Thank you!***
 

FarmerJ

Senior Member
Souix your friend cannot be made responsible for doing things like going under a house or into its attic to move insulation . a tenant could be expected to keep vents near ground level free from obstruction on the outside of a house . Even if a lease said that a tenant was to make certain repairs it is possible that state statutes may still override and make any such lease language void . If the house is that bad have your friend document the damage with pictures, they will be usefull . If your local yellow page shows any business that list mold removal if there was a small fee perhaps it would be usefull to get them to try to estimate how long the problem has been growing in writting and if they were able to see causes and list them . then that too would be helpful to use in a court if the LL tried to sue holding the tenant responsible . ( normally changes in a homes ventilation like things in the attic or crawlspaces are considered structural component repairs or mechanical system issues like say attic fans )
 
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Souix

Senior Member
FarmerJ said:
Souix your friend cannot be made responsible for doing things like going under a house or into its attic to move insulation . a tenant could be expected to keep vents near ground level free from obstruction on the outside of a house . Even if a lease said that a tenant was to make certain repairs it is possible that state statutes may still override and make any such lease language void . If the house is that bad have your friend document the damage with pictures, they will be usefull . If your local yellow page shows any business that list mold removal if there was a small fee perhaps it would be usefull to get them to try to estimate how long the problem has been growing in writting and if they were able to see causes and list them . then that too would be helpful to use in a court if the LL tried to sue holding the tenant responsible . ( normally changes in a homes ventilation like things in the attic or crawlspaces are considered structural component repairs or mechanical system issues like say attic fans )

***Oh thankyou, finally someone with some knowledge. Why does the moderator let these other morons screw up people's threads? Thats my second question.***
 

HomeGuru

Senior Member
1. PARIDIES is an idiot.

2. the tenant should have put L on written notice via certified rrr mail as to the mold issues.

3. the tenant should refuse to move and if legal action is taken, filed a counterclaim claiming a retaliation eviction. And if the L wants to play hardball, T should file a separate casue of action vis a vis a personal injury lawsuit.
 
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Shay-Pari'e

Senior Member
Yes, the thread looks messed up, I decided not to respond to you and delete my posts. In your other post, you accused me of being someone else, yet the funny thing is that I do not know you, you do not know me, and I will not respond to posts that get stupid in that way.

EXAMPLE: See above post.
 

HomeGuru

Senior Member
--PARIDISE-- said:
Yes, the thread looks messed up, I decided not to respond to you and delete my posts.

**A: we KNOW that YOU deleted your own posts because the moderator did not. Anyway, the posts that you deleted were captured by Souix when she used the quote feature.
***********

In your other post, you accused me of being someone else, yet the funny thing is that I do not know you, you do not know me, and I will not respond to posts that get stupid in that way.

**A: the only thing stupid is YOU. Souix has every right to post those types questions and a few of us were happy to respond accordingly, including myself.
Continue your antics and you will find yourself kicked off this website.
 

Souix

Senior Member
HomeGuru said:
1. PARIDIES is an idiot.

2. the tenant should have put L on written notice via certified rrr mail as to the mold issues.

3. the tenant should refuse to move and if legal action is taken, filed a counterclaim claiming a retaliation eviction. And if the L wants to play hardball, T should file a separate casue of action vis a vis a personal injury lawsuit.

***AWESOME, thank you so much, that was the kind of response I was looking for.****

AND TO PARADISE.....

***You may have thought you deleted your posts, but they still appeared on my email. Remember the one where you called me a BITCHeeeeeeeeee? I still have it and can forward it to the moderator***
 

Souix

Senior Member
HomeGuru said:
Souix, forward those emails to Mary with a note in code saying "HG said to follow up and do your thang".

***Thanks HG, I guess the board trolls forgot that these posts go to people's emails...lol....even if they do delete them there is still a record. Great upgrade!***
 

Shay-Pari'e

Senior Member
Souix said:
***What are you talking about? This is not an issue about title documents or an escrow. This is not a sale. This is a client of mine who is renting a duplex. There are no title documents, no inspections, no sales contracts...just a landlord/tenant issue. Who are you? You're not the infamous Callie are you? Go answer somebody else's questions, at least the ones you know the answers to. Oh wait a sec....are you the new forum troll? Don't answer, I don't have time for your nonsense
Post them here. It is not a upgrade to the site, the option has always been here.

My comment to you was............."Are you alway's this Bitcheeeeeeeeeeeee?"

I don't see a problem with it considering the language used on this site. I also never mentioned escrow, you did.

Post them.

I'm out of this thread, it is beyond stupid.
 
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Souix

Senior Member
--PARIDISE-- said:
Post them here. It is not a upgrade to the site, the option has always been here.

My comment to you was............."Are you alway's this Bitcheeeeeeeeeeeee?"

I don't see a problem with it considering the language used on this site. I also never mentioned escrow, you did.

Post them.

I'm out of this thread, it is beyond stupid.

***Nope thats not what you wrote. Remember I have a copy of the email from last night. If it wasn't bad, why did you delete it? Nevermind, as IAAL said in one of your other threads, you are not worth my time***
 
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