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What Are Renters Rights-black Mold?

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10 Answers

Lia Louis Profile
Lia Louis answered
According to Landlord-Tenant laws, your landlord has a responsibility to ensure proper living conditions for their tenants, which includes you. This means that the facility or building must be free of any kind of contaminants, which includes things like mold in general. Overexposure to mold spores can be dangerous, often resulting in serious illness and can sometimes be fatal. Obviously, your landlord, by law, must remove the contaminant at their own expense if necessary. However, you must provide proof of the existence of the contaminant in order to enforce your rights. While your landlord may need to pay for the removal of the mold, they are not legally required to pay for the testing of your residence.

1. The first thing you need to do, then, is test for contaminants. A home inspector can do this for you and write the report. They will check the areas you point out as well as the air to see if there is a toxic level of mold spores present.

2. Once you have tested and confirmed the presence of mold spores, you can then approach your landlord about the removal process. At this point your landlord should cooperate with you and make an arrangement to fix the problem. If they do not, it is suggested that you move forward with hiring your own specialist and pursuing legal action.

3. If your landlord refuses to cooperate then you can sue them for neglecting their responsibilities, which are set forth in the Landlord-Tenant agreement you should have signed when you moved in. This is a case that is easy to win since you will already have all of the evidence, including the bill for the removal, which your landlord will then have to pay, along with any other punitive damages related to the incident.
Anonymous Profile
Anonymous answered
My house is loaded with black mold!!!!!! I have lived there for over 3 years, We are always sick! Can I refuse to pay rent?
I have a family of 4 and we just can't breath any more.
What can we do?
Anonymous Profile
Anonymous answered
I rent a house since last august. I noticed when it rained hard, the roof leaked.  Landlord said he would repair the roof and has not. 9 months later,I have only paid half of the rent- -waiting for him to repair the leaks. I was going to buy the lumber to repair the roof, but the last time it rained, in 2 rooms, the ceiling panels fell down, and the roof has major holes in it.  The wood rotted.  Now,  7 of the rooms in the house have black mold growing across the ceilings, all rooms have brown stains growing on the ceilings. My daughter has 3 pages of allergies and I did not know the roof was in such terrible state.  Can the landlord sue me for the other half of rent? I have it, but don't want to pay him $2,500 when he never used the other rent toward the roof in the first place.  There is no contract and I have pictures.  If I call the health department, will they come out and inspect the house so I can get out legally?
Suhail Ajmal Profile
Suhail Ajmal answered
The repair responsibility goes to the landlord. You must tell him and he should repair the problematic things. Read the lease agreement to find the penalty to break it. For renter's rights, visit the link below.
www.nolo.com
Anonymous Profile
Anonymous answered
I have rented for a year and have had black mold and my landlord has just wiped  it down but keeps coming back can I get six months back rent
Anonymous Profile
Anonymous answered
Sue them all...I'm sick to death here...thyroid problems,mild stroke,and now impacted intestines....I'm suing her big time...she aware of this for 10 yrs now...I keep compounding it...but I can't even lift my arms no more..I'm suing not only for present damamge...but for future damage...5million dollar lawsuit..I keep asking her to fix it..she does nothing!!--shell pay now..lack mold is dangerous,it effects the body immune system,thyroid,stomach,and brain....sue them all.!!
Anonymous Profile
Anonymous answered
I'm a tenat of a house that has a mjor leak n the upstairs bathroom and I have boldging areas and leaking in 3 plaes on the cealing.The land lord has been maid aware of this and in the bathroom the shower walls are not even made for shower the caulk is pulling away from the tub and shower walls.The landlord has brought in a plumer and he told him that the walls were wrong,the caulk was the wrong type of caulk and the plummer told the landlord that the whole bathrom needed to be remodeled he will not do it.The landlord told me to just put up new caulk. Ive noticed black mold on the calk and its going inside the walls.Ihave a 4yr old son a 73yr old mother and myself all of us wake up with headaches everyday I'm sick on my belly I and my son bodys hurt all the time cramping feeling he is now on breathing treatments for astma as well as me.I have this awful rash on my face and body that looks to be hives nothing takes them away we are allalways so tired.please tel me what should I do the landlord will not fix the problem and my lease is not up til july1 2010.please I do not know what to do.
thanked the writer.
Eric Lamb
Eric Lamb commented
Visit your cities department of health and report the problem if you can get clinical notes that state you receiving health problems due to mold. Black mold can render a house "Uninhabitable" and it is illegal for the landlord to rent. Most states don't look kindly on slumlords.
Terri Jaundrill Profile
Terri Jaundrill answered
I had black mold about 6 months ago and told the landlord and he did nothing so I removed it myself then last week I noticed it had come back informed him that there was mold again and the fact the windows will not close properly he never said he would get rid of it but been now 6 months pregnant I couldnt remove it me and my son have been severly ill the past 3 weeks I was even puking blood what can I do?
bell sullivan Profile
bell sullivan answered

I had been ill for a long time and ended up in hospital with pneumonia. 

At the time I didn't realise the flat I'm renting had mould. I was finding black stickiness under my bed only and use to clean it up. This was around January then by feb i was in hospital. 

Can the damp had been  rising and I just didn't know as after moving into my flat a few month later I was constantly run down with flu. I was in the flat 1 year 8 month, but started getting ill 4 months after moving in  and ended up in hospital 8 months later. 

In October mould was coming up on the walls so I let the agent know. No one did anything about it so I emailed them in dec. When I had an inspector round in jan I was ill in bed. 

Once he left we decided to move our furnishings and found that all my furniture had moulded etc. I had had enough so I emailed the agent and gave my notice to leave. The landlord was annoyed about it and rose to give me my deposit and they blamed me for not airing the flat. 

My kitchen window and bathroom window were always open once I was home, but when out at work I had to shut these. I'm now taking both agent and landlord to court as I want my deposit back and my furnishings paid for. They say I'm not entitled to anything as I broke the contract as I should have given them 2 months notice.

I aired the place, I cleaned the place. It has serious problems in there. I feel I was entitled to leave as my health was at risk all the time. I was lucky the 1st time round I didn't die from the pneumonia and I'm sure the flat i was in was the cause of it.

I need a desperate reply. I  just want to point out the main problem was my bedroom and some areas in my son's room. Both these rooms have air vents on the wall where the problem occurred. What can I do?

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