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Tenant/landlord mold question



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amother
Saddlebrown


 

Post Sat, Sep 16 2017, 10:18 pm
We noticed there may be mold in the rental house we moved into the night we moved in, as I was having itchy skin, headache, watery eyes- and my husband was having bloody noses. There was also a musty smell (this was covered up by the smell of the landlord cooking both times we visited- they are chinese and cook with heavy oils that smell very pungent). As a few days went by I knew the issue was the house because when I left the house, I didn't feel the symptoms at all.

The landlord said she would have her contractor removed the mold- so I asked for the name and number of the person and he didn't speak a word of english. I told her we need a professional to test the mold- someone who specializes in this. The mold tester come in and he found there to be TOXIC BLACK MOLD in the laundry machine. I have a 2 1/2 year old and am 6 months pregnant. He recommended that my landlord put a dehumidifier in the area and get it remedied. She never bought a dehumidifier, or even offered, I bought one for $250, and 3 air purifiers for a total of $400.

I have not been able to do laundry for 2 out of the 3 weeks that we have lived in this house so far. We pay a whopping $3,300 a month for rent. We had to scramble to find a place to stay last minute for shabbos because we found out the mold was there an hour before shabbos. I didn't sleep home for a total of 3 nights..because of this issue. My mom had to take my laundry for me...

The mold was remediated by a professional and they did an amazing job and finished yesterday. BUT today my landlords Chinese only speaking contractor came to start redoing the area and he removed all of the vinyl tiles off the floor. From the estimates I received to remedy the mold, the men told me that the tiles should not be removed in case of asbestos. Asbestos can sometimes live underneath vinyl tiles and is fine unless it is disturbed. Now if there was any, it was very disturbed- and would potentially be airborne.

I've just about had it with this lady(my landlord)- she is totally not understanding and not rational.


We have a "warranty of habitability" in the state I live in which protects tenants- but my question now is, what happens now?

1. Do I need to get someone to test for asbestos? Do I need to get someone to retest the area where the mold was and test the air?

2. Do I make her pay for the dehumidifier and air purifiers?

3. Do I not pay full rent next month because I could not stay here part of the month this month because the house was inhabitable?

4. Do I make her pay for my laundry?

5. Do I make her pay for the full air duct cleaning? (I offered to pay half because she is just so darn cheap and I knew she may not have gone for it)

I don't want to ask for so much that I am not taken seriously, but I also don't want to be taken advantage of anymore then I already have been, and I think I have been.


We WOULD have moved after we found the mold if we didn't just pay thousands for movers, broker fees, and actually really like the house and neighborhood. It is just money, that is true, and we need to be safe healthy and happy- which I believe we were, for the day after the mold was remedied. But now I'm in a pickle and don't know what to do and really don't want to hire a lawyer and go that route- I really could use some legal advise though.

Please help! And if someone knows a nice landlord/tenant lawyer that would be able to give me free advice, please let me know.

Thank you in advance.
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Miri7




 
 
    
 

Post Sun, Sep 17 2017, 12:33 am
Is there a tenants organization that you can call? They can be really helpful with these situations.

My MIL owns a property and there was mold in one unit. She paid for other accommodations for the tenant for months while dealing with it. I think she then offered them cash to end the lease and for them to find another place. It took a long time to get an "all clear" test showing the mold was gone.
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33055




 
 
    
 

Post Sun, Sep 17 2017, 12:35 am
If you are looking for an attorney, it would be helpful to post jurisdiction.
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amother
Saddlebrown


 

Post Sun, Sep 17 2017, 9:31 am
squishy what do you mean jurisdiction?
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amother
Beige


 

Post Sun, Sep 17 2017, 9:42 am
Why not just replace the washing machine and deduct it from the rent? This seems like a major overreaction.
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amother
Saddlebrown


 

Post Sun, Sep 17 2017, 9:46 am
It wasnt the washing machine that had mold, it was the entire room. They had to rip the walls out. They took the laundry machines out of the room to remediate the mold- they are fine there is nothing wrong with them. This is a house/structural issue, not an appliance issue. The machines not being available for my use were solely so they could get rid of mold in the clear space
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33055




 
 
    
 

Post Sun, Sep 17 2017, 9:49 am
amother wrote:
squishy what do you mean jurisdiction?


Where are you located? Landlord/Tenant law is very different say in NYC and Monsey. I am guessing because you say Chinese landlord that it is a city.

BTW - will you be the one giving corporate legal advice?
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fbmommy




 
 
    
 

Post Sun, Sep 17 2017, 10:14 am
If you are in NYC you definitely have the upper hand. One call to 311 will have inspectors testing for asbestos ASAP and hitting her with fines. You could remind her of that if she gives you a hard time.
Also, you can deduct the humidifier from rent...but would draw the line and covering laundry costs and alternate place to stay.
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amother
Saddlebrown


 

Post Sun, Sep 17 2017, 10:33 am
We live in New Jersey
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imasoftov




 
 
    
 

Post Sun, Sep 17 2017, 12:28 pm
Squishy wrote:
I am guessing because you say Chinese landlord that it is a city.

?
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