I searched for a few threads but my case is different. I will try to be as specific as I can.
My brother, sister, and I moved into an apartment in July of 2007. After we moved in, we noticed that the kitchen sink had a leak. Also, there was a foul smell. We contacted the landlord and she sent her handyman. He told us that there was a bad case of mildew. The leak continued and she had to call in a business to fix it. Not only that, the garbage disposal was broken and that had to be replaced as well. The shower in the master bedroom also had a leak. The handyman attempted to fix it but could not. Another business was called in to fix it. The rug in the master bedroom also smelled like a wet dog. A carpet cleaner was called in and they cleaned the rug. The smell remained. The master bedroom window and frame needed to be replaced (6 months later, it was just completed.)
There are other minor details but the main problem is mold.
I do have every email saved to back up my side of the situation.
In September, I sent an email to the landlord that we had discovered mold growing. Not on the walls or floor, but on our clothes and furniture. We also discovered that the carpet in my sister's room was wet in one particular location. I thought it could be a pipe that was leaking. She called some people to check out the problem and they discovered that it was not a leak. She told us that the problem was that we were watering too much. We have a backyard and we do water the grass and plants. Water from outside was seeping under the apartment and causing the carpet to become wet. This room is not next to the outside wall, but two rooms into the house. I thought this was strange. What happens when winter comes and it rains every day? The floor continued to stay wet and we continued to find mold. She told us to turn on the heater more often and to open windows to prevent the mold from growing. We did not turn on the heater (it costs money and it was not cold), but we did open windows and keep the house clean. We continued to find mold on clothes, hats, furniture, picture frames, and even on the mouse for the computer. My girlfriend started feeling sick after spending the night in the apartment and my sister and I developed a bad cough. If this was connected to the mold, I do not know. We told her [landlord] that the house has a lot of moisture. We finally convinced her to call a professional and after a few tests, it was determined that there is a lot of moisture in the air and that it was causing the mold and immediate actions needed to be taken.
The company could not believe that we had been living in this condition for so long. They installed dehumidifiers throughout the house, in every bedroom to dry out the house before construction. We were told that the construction was going to take no more than 4 days. Our landlord tried to put us up in a motel under the freeway but we refused. We all have different work schedules and we all cook. If we are going to be out of our house, we want to at least live in a hotel that is as close to a house as possible. I found such a place. The first two days my brother and sister stayed with my parents. This saved the landlord money. We each had our own room. The hotel costs were put on my credit card.
During the construction, the bedrooms were emptied out (which we were not prepared for) and everything was cleaned. The inner walls were torn down and I assume new insulation was installed (but I am not sure.) The landlord rarely contacted me with the progress of the construction. On a few occasions, I was the one who contacted the manager to get an idea on the progress. Four days turned to six days which turned into a total of nine days of living in a hotel. The landlord was not happy that she had to pay for the now large hotel bill. During the construction, she went on vacation. On our return home, we found that the apartment was not yet complete. The rooms needed to be painted and the house was a mess. All of our items were not back in our room and my brother's room was far from being completed. We were tempted to return to the hotel but we decided that as long as we could sleep on a mattress, we would stay. In one email she sent me, she did not even know the days we were gone. I have had to correct her many times. She also insists that we requested that someone be called in to inspect the house in December when in fact we notified her about the problems in September (I do have the emails.) She eventually paid for the hotel costs and the additional costs to our electric bill. Once again she told us that we need to run the heater and keep the house ventilated (which we do.)
Now nearly two months, we have found mold growing on clothes, backpacks, and furniture. We have been turning the heater on and keep the house ventilated. The company that "fixed" the house made suggestions to the landlord and the steps she needed to make in order to prevent a breakout of mold. One, to replace the windows in two of the bedrooms. She has not done anything since. When the heater is turned on, my brother's and sister's rooms do not stay warm. Heat does come out of the vents but the room does not get warm. We think the heat is escaping through the faulty windows ot through the old walls and stucko. She sent someone to check the heating ducts and they discovered problems. The problems were fixed but still, the rooms remain cold. I believe that there is structural damage and she is refusing to make the repairs and instead telling us to just turn the heater on. There was property damage before and after the construction and she said that she would send $100 (not nearly enough) to cover the damages but it was contingent on signing a release of property claim.
It is obvious that she had her lawyer work on it and from what I understand, she is attempting to remove herself from any further damages that may occur due to another mold infestation. Anything damages would be our fault and our responsibility. I do not think this is fair. If there is indeed structural damage that is causing the mold growth, why should I be held responsible? We keep the house clean. We turn on the heater. We keep the windows open (when it's not cold or raining.) Are we responsible for the mold that grows in the apartment? She is putting our health at risk again. I called the company but they cannot tell me the recommendations they made to her without her authorization.I feel like I do have the right to take her to court. I have kept all the emails and have pictures. Can I and for what exactly? I refuse to sign this paperwork. I really do not know what to do next, especially with mold growing once again.
I'm I reading the Release correctly? She has said that we complain too much, but all of our complaints are of things that should have been taken care of before we moved into the apartment (leaks, broken windows, no screens over windows, broken garbage disposal, etc.)
Any help would be GREATLY appreciated.
Thank you!
___________________________
Below is the paperwork she sent us to sign. Names and addresses have been censored.
___________________________
My brother, sister, and I moved into an apartment in July of 2007. After we moved in, we noticed that the kitchen sink had a leak. Also, there was a foul smell. We contacted the landlord and she sent her handyman. He told us that there was a bad case of mildew. The leak continued and she had to call in a business to fix it. Not only that, the garbage disposal was broken and that had to be replaced as well. The shower in the master bedroom also had a leak. The handyman attempted to fix it but could not. Another business was called in to fix it. The rug in the master bedroom also smelled like a wet dog. A carpet cleaner was called in and they cleaned the rug. The smell remained. The master bedroom window and frame needed to be replaced (6 months later, it was just completed.)
There are other minor details but the main problem is mold.
I do have every email saved to back up my side of the situation.
In September, I sent an email to the landlord that we had discovered mold growing. Not on the walls or floor, but on our clothes and furniture. We also discovered that the carpet in my sister's room was wet in one particular location. I thought it could be a pipe that was leaking. She called some people to check out the problem and they discovered that it was not a leak. She told us that the problem was that we were watering too much. We have a backyard and we do water the grass and plants. Water from outside was seeping under the apartment and causing the carpet to become wet. This room is not next to the outside wall, but two rooms into the house. I thought this was strange. What happens when winter comes and it rains every day? The floor continued to stay wet and we continued to find mold. She told us to turn on the heater more often and to open windows to prevent the mold from growing. We did not turn on the heater (it costs money and it was not cold), but we did open windows and keep the house clean. We continued to find mold on clothes, hats, furniture, picture frames, and even on the mouse for the computer. My girlfriend started feeling sick after spending the night in the apartment and my sister and I developed a bad cough. If this was connected to the mold, I do not know. We told her [landlord] that the house has a lot of moisture. We finally convinced her to call a professional and after a few tests, it was determined that there is a lot of moisture in the air and that it was causing the mold and immediate actions needed to be taken.
The company could not believe that we had been living in this condition for so long. They installed dehumidifiers throughout the house, in every bedroom to dry out the house before construction. We were told that the construction was going to take no more than 4 days. Our landlord tried to put us up in a motel under the freeway but we refused. We all have different work schedules and we all cook. If we are going to be out of our house, we want to at least live in a hotel that is as close to a house as possible. I found such a place. The first two days my brother and sister stayed with my parents. This saved the landlord money. We each had our own room. The hotel costs were put on my credit card.
During the construction, the bedrooms were emptied out (which we were not prepared for) and everything was cleaned. The inner walls were torn down and I assume new insulation was installed (but I am not sure.) The landlord rarely contacted me with the progress of the construction. On a few occasions, I was the one who contacted the manager to get an idea on the progress. Four days turned to six days which turned into a total of nine days of living in a hotel. The landlord was not happy that she had to pay for the now large hotel bill. During the construction, she went on vacation. On our return home, we found that the apartment was not yet complete. The rooms needed to be painted and the house was a mess. All of our items were not back in our room and my brother's room was far from being completed. We were tempted to return to the hotel but we decided that as long as we could sleep on a mattress, we would stay. In one email she sent me, she did not even know the days we were gone. I have had to correct her many times. She also insists that we requested that someone be called in to inspect the house in December when in fact we notified her about the problems in September (I do have the emails.) She eventually paid for the hotel costs and the additional costs to our electric bill. Once again she told us that we need to run the heater and keep the house ventilated (which we do.)
Now nearly two months, we have found mold growing on clothes, backpacks, and furniture. We have been turning the heater on and keep the house ventilated. The company that "fixed" the house made suggestions to the landlord and the steps she needed to make in order to prevent a breakout of mold. One, to replace the windows in two of the bedrooms. She has not done anything since. When the heater is turned on, my brother's and sister's rooms do not stay warm. Heat does come out of the vents but the room does not get warm. We think the heat is escaping through the faulty windows ot through the old walls and stucko. She sent someone to check the heating ducts and they discovered problems. The problems were fixed but still, the rooms remain cold. I believe that there is structural damage and she is refusing to make the repairs and instead telling us to just turn the heater on. There was property damage before and after the construction and she said that she would send $100 (not nearly enough) to cover the damages but it was contingent on signing a release of property claim.
It is obvious that she had her lawyer work on it and from what I understand, she is attempting to remove herself from any further damages that may occur due to another mold infestation. Anything damages would be our fault and our responsibility. I do not think this is fair. If there is indeed structural damage that is causing the mold growth, why should I be held responsible? We keep the house clean. We turn on the heater. We keep the windows open (when it's not cold or raining.) Are we responsible for the mold that grows in the apartment? She is putting our health at risk again. I called the company but they cannot tell me the recommendations they made to her without her authorization.I feel like I do have the right to take her to court. I have kept all the emails and have pictures. Can I and for what exactly? I refuse to sign this paperwork. I really do not know what to do next, especially with mold growing once again.
I'm I reading the Release correctly? She has said that we complain too much, but all of our complaints are of things that should have been taken care of before we moved into the apartment (leaks, broken windows, no screens over windows, broken garbage disposal, etc.)
Any help would be GREATLY appreciated.
Thank you!
___________________________
Below is the paperwork she sent us to sign. Names and addresses have been censored.
___________________________
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