Want to withold rent

[bikerkids]

What is the name of your state? CA
My apt has a odor that makes my son sick. I smell it too, my son is worst(headaches, vomiting etc).
My landlord has brought ppl in and like cleaned the carpets etc, but the smell is still there and my son is still sick. I am in a different apt in the complex, sleeping in the floor etc.
The apt I am in will be rented soon. I don't want to go back to the old apt and get my son sick again.
Another apt might open up. This has been going on for over 1 month.

I have no phone/internet access (cause everything is in original apt), eventhough I will still have to pay those bills.
I am incredibly inconvenienced etc.

Can I stop paying rent? What can I do?

 

[BL]

You don't say what the cause of the odor is ?

It could be labeled just a nuisance , or it may be something to complain to the Health Dept . or code Enforcment Officials .

We need more details .

 

[bikerkids]

withold rent

You don't say what the cause of the odor is ?

It could be labeled just a nuisance , or it may be something to complain to the Health Dept . or code Enforcment Officials .

We need more details .

That is part of the problem, no one can tell us what causes the odor. It smells like some sort of chemical to me. the LL tried different tests and had different ppl come and look at the apt, but we followed all suggestions and the odor is still there.

It does not smell like a dead animal or something organic.

 

[BL]

Has there always been this odor ?
Are these newly built units ?

If not to both questions , has there been anything new added in the Unit recently when you noticed the odor IE: carpet , any new flooring , Pest sprays , anything ?

It could be the child is allergic to something .

Or it may be time to call in the Health dept . to talk to the landlord to see if it is safe to return living there , or come up with a solution to the sickening odor .

Obviously , the People that the LL has brought in have not found the problem .

If it's a natural gas leak , that has an odor . The health dept . , the code enforcement office and the LL need to find the cause before you move back in . You shouldn't be forced to move back in that unit , if it's making your child that sick . It could be something dangerous .

Have you had someone out with meters to check for gas leaks and carbon monoxide ? A plugged chimney or something ?

I would not move back in there until this issue is resolved .

If you must consult an Attorney .

 

[bikerkids]

Has there always been this odor ?
Are these newly built units ?

If not to both questions , has there been anything new added in the Unit recently when you noticed the odor IE: carpet , any new flooring , Pest sprays , anything ?

It could be the child is allergic to something .

Or it may be time to call in the Health dept . to talk to the landlord to see if it is safe to return living there , or come up with a solution to the sickening odor .

Obviously , the People that the LL has brought in have not found the problem .

If it's a natural gas leak , that has an odor . The health dept . , the code enforcement office and the LL need to find the cause before you move back in . You shouldn't be forced to move back in that unit , if it's making your child that sick . It could be something dangerous .

Have you had someone out with meters to check for gas leaks and carbon monoxide ? A plugged chimney or something ?

I would not move back in there until this issue is resolved .

If you must consult an Attorney .

Thanks.
1. They have had MANY ppl come over to test for gas, burning wiring etc, allergens in the carpet etc. No one can find what causes it, some smell nothing.

2. My son has the most severe reactions, but my husband and I also get nauseous in that room.

3. The things is, they have tried lots of things to find the cause of the odor.

4. If they put me in another apt, what are my rights? This is VERY inconvenient for my family. Can't use the phone service, cable, internet we are paying for, can't cook(all the cooking stuff is in the original apt), so we have higher bills this month etc.
I don't want to get screwed. And I definitely think this odor is dangerous.

 

[BL]

4. If they put me in another apt, what are my rights?

You stated you are sleeping on the floor in another Apartment .

Does your family get sick in that one ?

Have you called the Health Department ?
Have you Called Code Enforcement Office ?

If you can get " VERIFICATION " from some authority Agency , or your Landlord even Agrees your Family Gets really sick from that Unit , or you have other unbiased persons ( not of your Friends or Family ) that will testify they know for a Fact this has made your Family sick ,
You can Demand your Landlord put you in another Rental Unit , and Pro Rate Your rent for the loss of most of your amenities to your Apt. and having to sleep on the Floor in a Diff. Apt .

The Fact that the Landlord has put you in an other Apt. Temporarily , indicates he/she recognizes the issue , and should NOTput you into a Position of moving back into it unresolved , plus he should Pro Rate your rent for that period accordingly .

Health Dept ., Code Enforcement , Pro Rated Rent , Diff Apt .

If this all fails Consult a Landlord Tenant Attorney in your area for a small fee .

 

[HomeGuru]

Contact the EPA and in IAQ consultant.

 

[nblanke688]

What is the name of your state? CA
My apt has a odor that makes my son sick. I smell it too, my son is worst(headaches, vomiting etc).
My landlord has brought ppl in and like cleaned the carpets etc, but the smell is still there and my son is still sick. I am in a different apt in the complex, sleeping in the floor etc.
The apt I am in will be rented soon. I don't want to go back to the old apt and get my son sick again.
Another apt might open up. This has been going on for over 1 month.

I have no phone/internet access (cause everything is in original apt), eventhough I will still have to pay those bills.
I am incredibly inconvenienced etc.

Can I stop paying rent? What can I do?

You can kill ANY odor with Scent-Killer, or Scent-Shield, or Scent-Away, available at Wal-Mart in the hunting section, or any deer hunting shop. About $10 per quart, or less for small spray-bottle. I've used it for 10 yrs in dozens of apts and houses, with 100% success--it's amazing stuff.
The scent may not be the problem, though. I'd be concerned about the real cause, especially if son gets sick AFTER the smell is gone. Your son may be sick from someting else entirely--the smell may have nothing to do with his illness. Check with your local tenants' association to find out what you can legally do. If you did not cause the odor, it is the landlord's responsibility to find it and cure it.
NB, Ohio

 

[bikerkids]

want to withold rent

Contact the EPA and in IAQ consultant.

I believe they already had an IAQ consultant in. Someone also tested for Radon. They found nothing.
This person did get sick in the apt tho.

What else can I do?

 

[bikerkids]

want to withold rent

You stated you are sleeping on the floor in another Apartment .

Does your family get sick in that one ?

Have you called the Health Department ?
Have you Called Code Enforcement Office ?

If you can get " VERIFICATION " from some authority Agency , or your Landlord even Agrees your Family Gets really sick from that Unit , or you have other unbiased persons ( not of your Friends or Family ) that will testify they know for a Fact this has made your Family sick ,
You can Demand your Landlord put you in another Rental Unit , and Pro Rate Your rent for the loss of most of your amenities to your Apt. and having to sleep on the Floor in a Diff. Apt .

The Fact that the Landlord has put you in an other Apt. Temporarily , indicates he/she recognizes the issue , and should NOTput you into a Position of moving back into it unresolved , plus he should Pro Rate your rent for that period accordingly .

Health Dept ., Code Enforcement , Pro Rated Rent , Diff Apt .

If this all fails Consult a Landlord Tenant Attorney in your area for a small fee .

My family does not get sick in the other apts.
I have to move in 3 months.
They have had air quality consultants and radon testers in. They found nothing.
They are not forcing me to move back to the old apt, but I do not want to pay rent when I am in this position.
It is best for me to move back to my old apt, so I am the one who is losing the most. This is not about wanting to move out(we were VERY happy in the apt before the smell).
And it is not about not wanting to pay rent.

I am worried they think it is all in our heads or something. the resident managers said they got sick initially when they were in the apt. Now they say they don't smell anything. the LL(their boss) said he doesn't smell anything. I was in there with him and was sick after 5 mins.

What good will it do to call the health dept, and I do not think they have broken any codes?

 

[BL]

Don't get this wrong , but you have been given a host of what do dos , and what other to do actions you can take .

It appears you are hell bent on returning to that Apartment . You keep asking the question over and over " What can I do ? " .

Quite frankly you CAN take the advice you have been given here and consult a Landlord Tenant Lawyer , also as you were advised to do .

You can go back through these replies and either Print out the advices , or write them down on Paper to have the Lawyer you consult review them .

And Quite Frankly as a Parent I would not Want to , nor would it be GOOD PARENTING to Jeopardize my children Health AGAIN by moving back into an Apartment JUST BECAUSE YOU LIKE IT ..

 

[bikerkids]

want to withold rent

Don't get this wrong , but you have been given a host of what do dos , and what other to do actions you can take .

It appears you are hell bent on returning to that Apartment . You keep asking the question over and over " What can I do ? " .

Quite frankly you CAN take the advice you have been given here and consult a Landlord Tenant Lawyer , also as you were advised to do .

You can go back through these replies and either Print out the advices , or write them down on Paper to have the Lawyer you consult review them .

And Quite Frankly as a Parent I would not Want to , nor would it be GOOD PARENTING to Jeopardize my children Health AGAIN by moving back into an Apartment JUST BECAUSE YOU LIKE IT ..

Look, it is obvious that you do not UNDERSTAND my concerns.

I have no money for a lawyer
I do NOT want to go back to the old apartment.

My MAIN concern is that I go calling Health dept and all sorts of ppl to come over here and they find NOTHING. Just like the Radon and air quality ppl found NOTHING. The LL has called over 10 different ppl in to find the odor, they looked in the walls and everything. Only 1 person actually got sick in there.

I took my son to the doctor, they found NOTHING. She said stay away from the smell for OVER $700.
Right now, I can't even afford to go to the doctor myself, cause I have no insurance.

This is not about me liking the stupid apt, I could care less.

I have money for food, for rent, for utilities, even for the occasional emergency medical bill, but not for lawyers and court cases.

My title is WANT TO WITHOLD RENT.
My question was CAN I DO THAT IF NO ONE CAN TELL ME WHAT THE HELL IS CAUSING THE SMELL, AND IF MY FAMILY IS THE ONLY PPL GETTING SICK.

I have to leave this city in 3 months, what's the use of getting a lawyer, calling health dept etc when I am going to be gone anyway???

 

[bikerkids]

want to withold rent

Don't get this wrong , but you have been given a host of what do dos , and what other to do actions you can take .

It appears you are hell bent on returning to that Apartment . You keep asking the question over and over " What can I do ? " .

Quite frankly you CAN take the advice you have been given here and consult a Landlord Tenant Lawyer , also as you were advised to do .

You can go back through these replies and either Print out the advices , or write them down on Paper to have the Lawyer you consult review them .

And Quite Frankly as a Parent I would not Want to , nor would it be GOOD PARENTING to Jeopardize my children Health AGAIN by moving back into an Apartment JUST BECAUSE YOU LIKE IT ..

Look, it is obvious that you do not UNDERSTAND my concerns.

I have no money for a lawyer
I do NOT want to go back to the old apartment.

My MAIN concern is that I go calling Health dept and all sorts of ppl to come over here and they find NOTHING. Just like the Radon and air quality ppl found NOTHING. The LL has called over 10 different ppl in to find the odor, they looked in the walls and everything. Only 1 person actually got sick in there.

I took my son to the doctor, they found NOTHING. She said stay away from the smell for OVER $700.
Right now, I can't even afford to go to the doctor myself, cause I have no insurance.

This is not about me liking the stupid apt, I could care less.

I have money for food, for rent, for utilities, even for the occasional emergency medical bill, but not for lawyers and court cases.

My title is WANT TO WITHOLD RENT.
My question was CAN I DO THAT IF NO ONE CAN TELL ME WHAT THE HELL IS CAUSING THE SMELL, AND IF MY FAMILY IS THE ONLY PPL GETTING SICK.

I think I deserve more than just another apt. I want my hard earned money's worth.

I have to leave this city in 3 months, what's the use of getting a lawyer, calling health dept etc when I am going to be gone anyway???

 

[BL]

It is best for me to move back to my old apt, so I am the one who is losing the most. This is not about wanting to move out(we were VERY happy in the apt before the smell).
And it is not about not wanting to pay rent.

You said , it is best for me to move back in .

You also want to withhold rent .

You don't want to call the Health Dept .
You don't want to Call the Code Enforcement Office .
You don't want to pay the filing fee for Court to see If you can't get Pro Rated Rent .
You Don't want to pay a Lawyer about $50.00 for a Consultation .

It's not about you not wanting to pay rent , BUT WITH HOLD IT .
You are leaving in 3 months anyways .

Sorry if our advice isn't the answer you are seeking .

In my opinion , you can do what you believe you have to do , but WITH-OUT any solid evidence there exist a Health hazard , and with out your willingness do try and get to the bottom of this , you would be EVICTED for non payment of rent if you with held it .