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4 Bumps

MOLD???

We just moved into a condo and been here about one month and 3 wks. Our property owner confirmed after a mold inspection that i ordered on the unit, that we have dangerous mold that is airborne throughout the unit. He admits that at the moment he cannot pin point the source of the mold and that it would take some time, so he has agreed to terminate our lease. He is also refunding this months rent.

We have paid we have paid a total of $1400 dollars before this months rent and he has not offered that back. We we moved in I noticed breathing problems among my family and myself. When i started wheezing and my 13month old was having breathing problems I knew something was wrong, so I ordered a mold inspection. There is a large area of water damage that we CAN see that the mold inspector showed me and informed me of what it could mean.
Question is: what are our rights and should we expected the return of our full investment, considering now we have to move with our two young girls?

Answer Question
 
novice2008

Asked by novice2008 at 3:23 PM on May. 10, 2011 in Health

Level 7 (176 Credits)
Answers (7)
  • BUMP!
    SonyaNaomi

    Answer by SonyaNaomi at 3:58 PM on May. 10, 2011

  • You need to contact your health department, as well as a court clerk. You need to write and document everything that has happened, but make sure IN WRITING to ask the owner for a refund of ALL monies pay thus far, even the application fee.

    If he denies it, off to small claims court you go. But, the first step in doing anything is to formally ask for compensation and/or reimbursement. This will help in court. Send it certified mail. Do not just hand it to him. Email works as well. He cannot deny receiving it. Give him 30 days to get the money back to you. That's the general rule of thumb.
    Razelda

    Answer by Razelda at 4:34 PM on May. 10, 2011

  • No one can tell you your rights without knowing your location and exactly what your lease says. Though your lease is technically void in some areas because the rental is not habitable, you still must follow your state and county laws. In some areas, they require you to notify the landlord and allow him 14 days from notice to start repairs to fix the issue. In the mean time, if possible, he should offer you a habitable place to stay while he repairs that unit. This depends on if he has another available, of course.

    GL
    Razelda

    Answer by Razelda at 4:35 PM on May. 10, 2011

  • you should be refunded the entire amount. Have you asked for it?
    meooma

    Answer by meooma at 5:11 PM on May. 10, 2011

  • what he is saying now is that the acutally owner of the unit is refusing to refund the full amount. This company is a property management group, so he is representing the owner and handling all the leg work of renting out his unit. Since he has informed us of the mold, he has not sent anything in writing yet. He offered the deposit along with half of this months rent, saying the rest is up to the actual owner. In my opinion we have no dealings with the owner, we signed a lease with his company and he should battle with the owner on his own about the rest of the rent. It is his companys reputation on the line.
    novice2008

    Comment by novice2008 (original poster) at 12:00 AM on May. 11, 2011

  • You can also ask to speak to the owner directly. Of course the owner isn't going to just hand over money. A rental property is also their means of providing for their family. Unfortunately, when it comes to mold that is actually a health problem and the owner should take it a bit more seriously or he's likely going to end up in court.
    Razelda

    Answer by Razelda at 6:22 AM on May. 11, 2011

  • His responsibility is to work for the owner, not you. The owner has hired him to do a job and he does that. It's your responsibility to, in writing, request a full refund. It's not the managers responsibility to assist you with this beyond representing the owner and resolving any conflicts. Basically, it's one-sided customer service.

    You did sign a lease with his company, but he is not the owner THUS he is not responsible outside of scheduling general maintenance, making sure you follow the rules, and that your rent is paid on time.

    I am pretty sure the manager can't even okay any maintenance outside of the norm (clogged pipe and broken ceiling fan are two different things) without the owners permission first. The management company can actually do very little for you. We dealt with a set up very similar for ONE year, and after that year was over we left. It wasn't for us.

    GL!
    Razelda

    Answer by Razelda at 6:22 AM on May. 11, 2011

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