We moved into our apartment in october of last year. It was only supposed to be temporary until a 3 bedroom, newer renovated apartment came open for us. (I was expecting my 3rd child). There were several things we noted on our initial walk through that was previous damage. As it was only temporary we agreed to move in. WHen this new apartment became available we were suddenly denied the lease transfer saying that we would have to sub lease, but in our original rental agreement is strictly forbids subleasing (illegal in florida). So we sought to have the problems fixed. This included Window structure, carpeting, faulty wiring, broken stove, non working air conditioning, and a growing black mold problem. Now, my new born is 5 months old, and we still don’t have a single thing fixed. The black mold as we later discovered is a horrible infestation problem throughout our air ducts and in our walls.
normally we are healthy people, but we have been ill pretty much the whole time we have lived here.
My son has experienced tooth lose, my daughter has respiratory problems and skin rashes. I experience insomnia and dizziness, my husband has had several urinary tract infections, and my new born has had a constant runny nose. These are all symptoms of black mold.
We have submitted a written intent of stop payment of rent until these problems are fixed, or we are offered to move into the still empty 3 bedroom apartment. but as that time as since elapsed we were forced to pay rent because we can not afford to move. So what do I do now? How do I combat an out of state landlord that refuses to fix previous problems and is intent on blaming it all on us. I know that there are at least 5 other residents that are going through the same thing. so,
can we start a class action suit?
What can I do ? I can’t afford to move.
FLORIDA
Don’t need to read the whole thing (very long!) to answer your initial q…
the landlord is legally responsible for all property upkeep. Toxic mold is illegal to rent or sell a property affected with and requires immediate and legal remedy. Notify your landlord in writing of the concern and tell him you appreciate the immediate and lawful remedy so that further action doesn’t become necessary (a veiled threat is less likely to get his gander up) If he fails to comply, you can report him to the EPA, however, realize you may be forced to leave while he is forced to remedy it because black mold is deemed toxic.
If you want to do this personally…depending on how large the affected area, bleach will kill the mold. Saturate the affected area until the mold is all gone. Then seal the area with a Kilz type product and repaint. The problem is that until the issue that caused the leak that grew the mold is resolved, it will continue to come back; but for that, your landlord is required.
Real estate laws differ by State, so it’s best to contact a Florida real estate attorney to learn your rights in your region…I know in my State, it is lawful to withhold rent for the time the property was in disrepair and until the problem is remedied…this doesn’t mean you can spend the rent, and it has to be in an escrowed account, but he is not automatically entitled to receive it either, and often, a court will determine what is acceptable. Try to do this peacefully first though, because a pissed off landlord can make your home life miserable.
{ 9 comments… read them below or add one }
dont noReferences :
Call the health department.References :
Send the landlord a letter first itemizing the issues. Check your local laws on how long he has to fix them. If he fails to do so go to court. The court will send a subpoena for him to appear at the civil claim hearing. If the damages are really this bad, the court will allow you out of the lease and will order him to return the security deposit. If you have this written down, or have evidence that the damage was there before you moved in, his claim that you did the damage would be moot.
References :
Don’t need to read the whole thing (very long!) to answer your initial q…
the landlord is legally responsible for all property upkeep. Toxic mold is illegal to rent or sell a property affected with and requires immediate and legal remedy. Notify your landlord in writing of the concern and tell him you appreciate the immediate and lawful remedy so that further action doesn’t become necessary (a veiled threat is less likely to get his gander up) If he fails to comply, you can report him to the EPA, however, realize you may be forced to leave while he is forced to remedy it because black mold is deemed toxic.
If you want to do this personally…depending on how large the affected area, bleach will kill the mold. Saturate the affected area until the mold is all gone. Then seal the area with a Kilz type product and repaint. The problem is that until the issue that caused the leak that grew the mold is resolved, it will continue to come back; but for that, your landlord is required.
Real estate laws differ by State, so it’s best to contact a Florida real estate attorney to learn your rights in your region…I know in my State, it is lawful to withhold rent for the time the property was in disrepair and until the problem is remedied…this doesn’t mean you can spend the rent, and it has to be in an escrowed account, but he is not automatically entitled to receive it either, and often, a court will determine what is acceptable. Try to do this peacefully first though, because a pissed off landlord can make your home life miserable.
References :
Call your local Florida HUD agency.
I have included the link. They can help.
There is also a link to free/lo cost legal assistance.
Call them ASAP and find out what your rights are.
You should not be living there at all, especially with young children.
If you insist on staying there, keep windows open in every room.
Do not run any heat/air thru the duct work. http://www.hud.gov/local/fl/renting/tenantrights….
Good luck.References : RE Agent-MI
He very well might not have to fix any of those issues, I know for sure he does not have to address some of them.
The mold is a maybe issue, although if it were dangerous you should be a lot sicker then you are claiming to be. You need to call the health department (called Environmental Health) and see if they are willing to write up the mold issue. They will not address the others, but if they think your health is at risk due to the strain of the mold they will condemn the place. Of course this means you have to move out. The fact that you haven't left tells me that you do not really think your children are at risk.References :
I don’t understand why you are still there. You say you can’t afford to move? Moving is not expensive get familoy and freinds to help you. You have to be a fool to stay in a place that is making you sick.
You most likely could sue and win but why would you bother relocatre tell the landlord to get stuffed and if he want to take you to court let him.
But if you want to be sure of your rights get some advise from a lawyer trained in these cases
References :
Why have you not spoken to a lawyer yet?
Google black mold – you will not put financial considerations first, especially with developing children in the house. Besides cancer, it can contribute to sight problems, respiratory ailments with possible lasting allergy and/or asthma, prostate issues and other equally disturbing realities.
Hung is on the money on this one – have all tenants get together an open an escrow account to place your rents into and withhold rent until he fixes the problem – he can't ignore you all! And begin looking for a new place to safely live with your family. I don't know why you'd consider the larger 3 bedroom in the same complex with all these issues under the same slumlord – your story sounds a bit suspicious on this point.References :
we have black mould spreading in our bedroom, and now in my son's bedroom. Both my husband and I has had a cold for the past month and more and cant figure why. I also cant sleep and have alot of headaches all of a sudden. We told our landlord abouth mouls since 12/10 we are now towards the end of Janurary and she still hasn't done anything .She is trying to pass the buck so she wouldnt have to come out of pocket to break the walss to see where the leak is, meanwgile most of our clothes and bedroom furniture has mold. What is our rights in Florida.And unfortunately i am on disabilty and i cant afford to move right now. We also just found out in our condo that there are over 125 units with the mould