Toxic Tort, Chemicals I have a mold illness because of my landlord

[Highwayman]

At the time of the incident, I thought that cleaning up the water with a vacuum was sufficient.

With sewage involved? That's, well, pretty disgusting.

 

[Keith502]

Renter's insurance covers your personal belongings for which your landlord is never responsible. It also isn't the landlord's fault the sewer lines backed up or the toilet clogged. You are the one responsible for your personal possessions. Even if he had sent someone to clean the carpets and such, he would not have to pay to clean or replace your belongings. The specialist wasn't going to sort through your stuff to see if it had mold. He was there to inspect the property.

Your landlord did what he was obligated to do in sending a plumber to fix the problem and the mold specialist when told that was an issue. You offered to clean the rest. At any time during the second clean up did you tell him that you needed him to contact a professional to take care of the problem? If you were still willingly doing it, it is not his fault you did a poor job of it. You no longer live there so there is no recourse and it is a non-issue.

Why wouldn't he be responsible for my personal belongings when it was his fault that my belongings are damaged in the first place? I could understand if my belongings were damaged by hidden or unforeseeable mold, but this mold occurred specifically because of his negligence in doing repairs.

Also, at the time I didn't know that professional cleaning had to be done. But since I was paying him rent, I think it should have been his responsibility to know these things. As a tenant, it shouldn't be my responsibility to know how to remedy this kind of situation. That's what I pay him for. If he had known the proper procedure, then he should have performed it; if he didn't know the proper procedure, then as a landlord it should be his responsibility to find out.

 

[Highwayman]

Also, at the time I didn't know that professional cleaning had to be done.

The fact that your carpeting was soaked with raw sewage should have been a BIG hint.

 

[mightymoose]

you are neglecting the simple fact that you relieved the landlord of any duty toward you when you offered to clean it yourself.

 

[Keith502]

you are neglecting the simple fact that you relieved the landlord of any duty toward you when you offered to clean it yourself.

I don't see why that would necessarily be the case. If it can be established that there is a certain procedure to properly remediating the water damage (i.e. professional cleaning), and if the landlord was aware that all I did was merely clean up the carpet with a vacuum, then shouldn't that be proof of negligence on the landlord's part?

 

[mightymoose]

No.

 

[leslie82]

I don't see why that would necessarily be the case. If it can be established that there is a certain procedure to properly remediating the water damage (i.e. professional cleaning), and if the landlord was aware that all I did was merely clean up the carpet with a vacuum, then shouldn't that be proof of negligence on the landlord's part?

No. YOU took it upon yourself to improperly clean sewage water out of your apartment. You didn't even really clean it. You probably made it worse vacuuming that carpet. You screwed up. That's the bottomline.

 

[adjusterjack]

New question form Keith502:

I have written a previous post in this forum entitled "I have a mold illness because of my landlord." In that post, I said that I had suffered mold-related illness because there was mold in my former apartment (that I moved out of last September) after my landlord failed to properly remedy toilet overflooding. I tried to pursue a lawsuit against him but I failed to gather enough evidence to create a compelling case.


However, I have recently come up with a new idea for how I could sue my landlord. I have made a few visits to my old apartment, and it appears that no one lives there, even though all the other units in the apartment building are occupied. It was a nice apartment and it doesn't seem like the landlord should have had any trouble finding another tenant to rent it. My suspicion is that the apartment has been (at least temporarily) condemned on account of the mold infestation, and the landlord doesn't want to pay to have it remedied. I wondered if I took him to court about my mold illness, if I could verify that the unit is condemned and why it is condemned, I could possibly use this as evidence against my ex-landlord since I was the last person to live in the apartment. What do you think? Is there a way I can officially verify that the apartment is condemned because of mold? Could I use this information against him in a court case?

 

[Highwayman]

Wondering why he didn't post and how you found out about this.

Did you read Keith502's mind?

 

[army judge]

What do you think? Is there a way I can officially verify that the apartment is condemned because of mold? Could I use this information against him in a court case?

Possibly.
What's stopping you from trying to use your strategy?
Nothing ventured, nothing gained....

 

[Keith502]

Possibly.
What's stopping you from trying to use your strategy?
Nothing ventured, nothing gained....

I first need to verify if the apartment is actually condemned and, if so, verify the reason it is condemned.

 

[leslie82]

New question form Keith502:

I have written a previous post in this forum entitled "I have a mold illness because of my landlord." In that post, I said that I had suffered mold-related illness because there was mold in my former apartment (that I moved out of last September) after my landlord failed to properly remedy toilet overflooding. I tried to pursue a lawsuit against him but I failed to gather enough evidence to create a compelling case.


However, I have recently come up with a new idea for how I could sue my landlord. I have made a few visits to my old apartment, and it appears that no one lives there, even though all the other units in the apartment building are occupied. It was a nice apartment and it doesn't seem like the landlord should have had any trouble finding another tenant to rent it. My suspicion is that the apartment has been (at least temporarily) condemned on account of the mold infestation, and the landlord doesn't want to pay to have it remedied. I wondered if I took him to court about my mold illness, if I could verify that the unit is condemned and why it is condemned, I could possibly use this as evidence against my ex-landlord since I was the last person to live in the apartment. What do you think? Is there a way I can officially verify that the apartment is condemned because of mold? Could I use this information against him in a court case?

You didn't get it that you were partly responsible for the mold because you cleaned it up improperly? Do you realize that even if you were to win a judgement against him doesn't mean you'll get the money as soon as you want or need it right? It doesn't matter what you seem or think.

It wasn't moldy until your toilet overflowed while YOU lived there and YOU improperly cleaned it up. I'm wondering why he didn't go after you.

 

[Keith502]

You didn't get it that you were partly responsible for the mold because you cleaned it up improperly? Do you realize that even if you were to win a judgement against him doesn't mean you'll get the money as soon as you want or need it right? It doesn't matter what you seem or think.

It wasn't moldy until your toilet overflowed while YOU lived there and YOU improperly cleaned it up. I'm wondering why he didn't go after you.

You don't understand the situation. The first time the toilet overflowed, he offered to clean it up but I volunteered to do it with a wet dry vacuum. He agreed to it. The second time the toilet overflowed, I asked him to do it and he told me that he wasn't feeling well and he told me to do it. The thing to keep in mind here is that if he knew what remediation procedure was necessary in that situation, he would have done it the first time and certainly the second time when I asked him to do the work. Even when I volunteered to clean up, that would not prevent him from still fulfilling his obligations anyway. I would have been partly responsible for the mold if I had somehow prevented him from doing cleanup or if I failed to inform him of the flooding, neither of which was the case. Also, at the time of the toilet overflow, I did not know about the proper remediation procedure, but as a tenant it was not my responsibility to know; it was his responsibility.

 

[mightymoose]

...as a tenant it was not my responsibility to know; it was his responsibility.

I tried to pursue a lawsuit against him but I failed to gather enough evidence to create a compelling case.

You are headed down the same path.
Nothing new here.

 

[leslie82]

You don't understand the situation. The first time the toilet overflowed, he offered to clean it up but I volunteered to do it with a wet dry vacuum. He agreed to it. The second time the toilet overflowed, I asked him to do it and he told me that he wasn't feeling well and he told me to do it. The thing to keep in mind here is that if he knew what remediation procedure was necessary in that situation, he would have done it the first time and certainly the second time when I asked him to do the work. Even when I volunteered to clean up, that would not prevent him from still fulfilling his obligations anyway. I would have been partly responsible for the mold if I had somehow prevented him from doing cleanup or if I failed to inform him of the flooding, neither of which was the case. Also, at the time of the toilet overflow, I did not know about the proper remediation procedure, but as a tenant it was not my responsibility to know; it was his responsibility.

Man I read it the first time you posted it. You repeating it doesn't change anything. YOU cleaned up sewage that you had no idea how to clean up. You should have called in a professional or not volunteered to do it. You did it wrong and you created the mold problem. It doesn't matter how much you deny it.

Omg you are insane.

 

[ElleMD]

Pretty much what you were told before and have been told again. It is NOT your landlord's fault you failed to clean up properly. Not either time. You agreed to take care of it and failed to do so. If anything, he has a case against YOU for damaging his property.

You have no idea if the apartment is vacant or why. There is no reason to suspect there is any problem with the unit as the problems seemed to be that you failed to properly clean your belongings and they grew mold. He is not responsible for your personal belongings, their care and cleaning. Trying to blame him for your inadequate cleaning job and lack of follow up is bound to backfire.