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Landlord will not fix mold

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  • Landlord will not fix mold

    I would like to start filling a claim against my landlord for inhabitable living conditions. I believe there is mold growing in the house and told her this about 2 months ago. There are leaks in the area where I believe it is growing. My son has Bronchitis and has since he was 10 months old. Since ive been here his breathing as been stagnant and my boyfriend is having issues as well as chest pain due to his Asthma. I am moving out of the unit but still feel as though she is responsible for properly maintaining the dwelling. I do fear that if I dont do something about it the next tenant will unknowingly move in and maybe become very ill. What do I do first to get things started.

  • #2
    Re: Landlord will not fix mold

    Originally posted by smb2980 View Post
    I would like to start filling a claim against my landlord for inhabitable living conditions. I believe there is mold growing in the house and told her this about 2 months ago. There are leaks in the area where I believe it is growing. My son has Bronchitis and has since he was 10 months old. Since ive been here his breathing as been stagnant and my boyfriend is having issues as well as chest pain due to his Asthma. I am moving out of the unit but still feel as though she is responsible for properly maintaining the dwelling. I do fear that if I dont do something about it the next tenant will unknowingly move in and maybe become very ill. What do I do first to get things started.
    First and foremost, you have no proof that this most is the dangerous variety that makes a place UNinhabitable. Start by getting an inspection done so that you have the evidence to proof the allegedly uninhabitable conditions.

    Next, put your complaint IN WRITING to the LL. You'll need a paper trail to prove when you notified them of the problem. Send it via certified mail, return receipt requested.

    Note that the problem stems from these leaks. It does nothing to try to remediate mold issues if the root cause isn't dealt with. Whatever is causing these leaks needs to be addressed FIRST.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Landlord will not fix mold

      I wish to inform you that you may report to your city inspector. If city inspector finds house in uninhabitable condition then you may claim breach of contract by landlord and further compel him to take action. Alternatively you may take action against landlord and obtain court order compelling landlord to perform necessary repairs and remove mold.

      AFF

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      • #4
        Re: Landlord will not fix mold

        I wish to further inform you that firstly you may contact your city manager or mayor’s office or local health department regarding the situation about the mold. Further, you may also contact the state department of environmental protection and the state department of public health in the matter. Landlords in all states except Arkansas are responsible for fixing leaking pipes. If the landlord is negligent then you may claim damages. You may serve a written notice to the landlord. If the matter is not resolved then you may file a lawsuit. The burden to prove the claims made by you will be on you. The court will consider all the facts and decide the matter.

        AFF

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        • #5
          Re: Landlord will not fix mold

          Before you think about moving, you better make sure the only issue here is you not cleaning.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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          • #6
            Re: Landlord will not fix mold

            "I would like to start filling a claim against my landlord for inhabitable living conditions. I believe there is mold growing in the house and told her this about 2 months ago. "


            If you'd like to go this route you'll need more than a "belief" there is mold growing in the house and that such mold is causing an "uninhabitable living condition". Otherwise such a claim will not go very far in a court.

            Gail

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