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Mold/Newborn/Rented Townhome

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consumedbymold

Junior Member
What is the name of your state? OHIO

Lived in residence going on 5 years now. Complained of many issues, & smells since move in. After withholding rent due to being robbed via entry through an unlocking back door he never fixed, & getting into dispute with landlord where eviction was filed, health inspector was called, & repairs were made, a year has gone by. I have made one more written complaint since the repairs were addressed by the contractor calling my home yelling at me. They repaired a few of the items but left the smell unaddressed. I have since made another complaint about ceiling sinking, wet, cracked foundation, visible mold, & a leak in the fireplace (can hear drip, drip drip, when it rains). The gutters are also horribly backed up & spill over with just a normal amount of Ohio rainfall. This was addressed by contractor doing a walk through..... nothing since.

Currently: As the weather has grown warmer each day, the musty smell has become stronger & stronger. We have a 2month old son who has definite breathing problems when at home & not elsewhere. Also, our five year old was extremely sick every winter (months couped up inside continuously) & slightly sick last winter. I have had an extreme exhaustion problem for a year now & extreme headaches (can be tracked by dr. visit where no problems could be found). My lungs over the last 2 weeks are constantly tight & I have felt as if i have a cold off & on for at least that long. Due to the 2 mos old I can't claim my wifes exhaustion is from the same mold problem, but she is wonderful & lets me sleep. ( i do help when i hear him)

As I have read more in the last two days I am extremely concerned with my 2 mos olds health situation, dr. saw him last week & he was completely fine, that night same breathing problems. I do not have the $ upfront to move out now but feel this is what we have to do. I am afraid the places i am trying to get into will refuse application due to his eviction filing last year. Also, my son is already signed up for school & there is only one other apartment located in the area. What steps do i take to insure (as much as possible) when all is said & done we come out of this compensated for the downfall we are about to take (moving with no $ saved & loss of all our belongings since i am sure the place is consumed in mold).
Lastly, is it legal for him to charge 1 tenant $700 while charging others $599 for the same apartment?
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Ohiogal

Queen Bee
You may not be able to recover anything however if the health of your child is at risk then break the lease and move. Call the health department and move. When did the mold problem start? Do you still have a lease? If you have been there five months are you month to month?
 

consumedbymold

Junior Member
we've been there 5 years not months....
the mold has been around the whole time I have written many letters it was supposed to have been repaired but it's obvious now it wasn't fully. I've already been through the health department. I should definitely be able to at least recoup unearned rent for the items i have complained multiple times about that are still broken or not working fully, & i would think $ due to him ignoring the issue & now placing my sons health at risk. No offense but did you even read my post?
 

PghREA

Senior Member
consumedbymold said:
we've been there 5 years not months....
the mold has been around the whole time I have written many letters it was supposed to have been repaired but it's obvious now it wasn't fully. I've already been through the health department. I should definitely be able to at least recoup unearned rent for the items i have complained multiple times about that are still broken or not working fully, & i would think $ due to him ignoring the issue & now placing my sons health at risk. No offense but did you even read my post?
I did. And I am wondering why, if all this stuff has been going on for FIVE YEARS, do you keep renewing your lease?
 

consumedbymold

Junior Member
you did now that i pointed that out maybe... this really isn't helping but i'll answer you anyway.
1.wanted to establish residency (would like to get a house in this neighborhood within the next 2 years. I unlike many my age i have kids & a plan)
2. he always acts as if he is going to take care of things
3. rent in price range
4. square footage fits need
5. location, location, location There is one other apartment complex close by with Townhomes anywhere close to size. Son needs to be in this school district.
Also, i was a single dad for a year & a half while we worked out some problems & changing residency was the last upset my first son needed. Wife now works across the street as well as my childrens daycare. It's virtually perfectly located next to everything. Lastly, i am still there now & not gone after the last trouble. Due to the fact the County health inspector incorrectly advised there was no worry for my sons health.
6. garage- i love cars, my car, & cannot see wasting money to pay stealerships to service my cars when i am capable.
7. lastly, was a stupid kid who realizes his young mistakes, ruined credit & am in process of repairing. moving constanlty or to anywhere else would dent my budget, as our child old enough to be in school would end up in private school. we'd spend alot on gas for work also.
ok, so now that should end any useless posts.

I have contacted the landlord again. sounds as if they will try to get things right this time. still downplaying mold. so, for now i will stay & keep documenting & keep in touch with Pediatric Dr. Also, going to flip for a mold test. I can't uproot everyone unless it's founded & i have a leg in court.

My reason for posting again since we are now off topic:

Has anyone who has gone through a like situation, made mistakes which they are now aware of, in the steps they took? Who could provide me with that insight before I make them myself. If there is mold & he is dismissing the valid problem & our health. What do i do to make sure I am compensated after the fact for the troubles & health issues?
 

Ohiogal

Queen Bee
You needed to mitigate damages. YOu decided you could deal with the mold problem since you knew aobut it all this time. Your reasons for not moving are not good ones when it comes to now wanting to sue for health consequences. If this were a situatino of which you had no notice then you might have a leg to stand on. However you KNEW about this problem before your son was born according to you. YOu CHOSE to stay here. So you do not get to win the lottery.
 

consumedbymold

Junior Member
Ohiogal said:
You needed to mitigate damages. YOu decided you could deal with the mold problem since you knew aobut it all this time. Your reasons for not moving are not good ones when it comes to now wanting to sue for health consequences. If this were a situatino of which you had no notice then you might have a leg to stand on. However you KNEW about this problem before your son was born according to you. YOu CHOSE to stay here. So you do not get to win the lottery.
Win the lottery? You're a funny one. No one on here gives advice do they? Just taking out your anger on people who need help by picking apart what you think they've done wrong? That's not advice.

As stated the health inspector was involved in the previous cleanup/repair. I expected him to be competent. It's obvious now he's not. That is not my fault. I was cleared by words from his mouth & report as far as the place being healthy & clean. The fact there is now visible mold & the smell is back with the hot weather************** is what i need to deal with now. Either the landlords contractor faked the cleanup or the health inspector half a$$ed the inspection.

Anyone else want to take a shot at tearing me down so i can tell you how you're wrong too?
 

strytus

Junior Member
consumedbymold

I think the fact that you've lived there for so long, kind of makes an unsuggested statement saying you've put up with mold for so long, whats the big deal with it now? I think that's what everyone's trying to say in a honest, maybe not so sugar coated way.

Also the fact that the landlord charges you more or less rent then then the other tenants is no way illegal, and is quite honestly fair.

Imagine going to a car dealership. There are two cars identically the same. You buy a car in the morning and pay such and such. Someone else comes in 5 minutes later and pays $200 more or less. It's not illegal or unfair, it's just an agreement of sale.

sorry i can't help you any further
 

consumedbymold

Junior Member
well, thanks for being a bit less abrasive than the others.:)

the fact is, when i found out what the smell was & how dangerous mold is last year. i called the health inspector & i forced a repair & cleanup by doing so. this being done, i have been under the impression by the fact the job was cleared by health inspector & by his own words to me that we & our 1st son were not in danger. now, visible mold has shown. the smell is back, & a new report out proves what the health inspector told me was incorrect. it is proven that infants are at much greater risk. that is why it is a big deal now.

also, my understanding of rent from the court is, landlord states the property with these amenities is worth X amount. this means the unit next door with the same amenities, appliances, & such can't be worth X+ amount. that is illegal from what i have been told. so, unless you've researched it please don't answer. as for a car... that is in no way the same as a rented apartment. apartments have a set rate for rent. go to a complex & get a brochure. they all have rates & it's the same for each apartment that is the same.

anyway, this has provided more frustration than help. so, i will use the mold inspector & the lawyers advice from here out. but thanks anyway. you all have a great day & try to be a bit less abrasive if you think someone is wrong or has done something wrong to cause their situation. the way most of you acted i'd assume your landlords yourself who never want to repair things**************.

as for the dup post, i found other mold posts in the toxic section. after posting there I found the landlord/tenant section.


the rent question was for my neighbor by the way who has had nothing but problems & lack of response as well.
 
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