Mold in newer apartment

Cloudburst2000

New Member
Jurisdiction
Kentucky
A friend of mine recently moved into a new apartment building. She moved in around March. These were brand new apartments, and are supposed to be 'high end' apartments. Her rent is cose to $1000/month. She recently discovered mold in a closet so she contacted the front office. They sent maintenance who blamed my friend for the mold issue saying she was dirty. She is actually a neat freak so this claim is absurd.

This all started about a month go. The complex told her to clean the apartment from top to bottom which she did but mold came back within a day and has spread throughout the apartment. The complex refuses to hire a mold expert or do anything about the problem but blame my friend.

My friend moved out due to the mold issue. The apartment is still making her pay rent. My friend then hired her own mold expert to check out the apartment. He said the mold is a building/construction issue and not due to the tenant. He also told my friend that everything left in the apartment has to be trashed (all her new furniture, clothes, etc) so she is out several thousand dollars there also...and living back with her parents. The apartment complex also wants her to pay damages...for something an expert says is THEIR fault.

The mold guy says her walls have high moisture levels and that the baseboards are covered in mold so moisture is being pulled up from under the building which is where the mold problem is coming from. The maintenance guys are STILL blaming my friend and claiming that she must have poured water around all the baseboards to try to make it seem like it is a building problem! The apartment complex told her renter's insurance that the mold is a tenant created issue even though the mold expert said it was a building issue. He also sent his report to the renter's insurance but they still won't pay for her destroyed belongings. And through all of this, the apartment complex STILL refuses to hire their own mold expert.

I personally think they KNOW the issue is their fault but don't want to admit to it because of all the money they could stand to lose. There are over 20 apartments in her complex alone. If all the rents are around $1000, they could stand to lose, at least, $20,000/month if the building is deemed unihabitable. The mold guy says that if they don't do something about the issue then it will likely spread to other apartments.

The apartment complex also threatened her with legal action if she mentioned the mold problem to any other tenants. She had told her neighbors and they expressed concern to the management and then the management threatened my friend with legal action...I think defamation or something. What should she do now since the apartment complex is refusing to hire ANYONE with mold knowledge and are blatantly ignoring the one mold expert who says the mold issue is a building issue and not a tenant issue. Right now, she is still paying rent even though she can't live there...mold grows back almost as soon as it is cleaned. It is EVERYWHERE. Is this the time to hire a lawyer? I assume the apartment complex would be responsible for replacing her furniture/clothes and paying her back the rent they are still forcing her to pay. Thanks for any advice.
 
Abandoning a lease just can't be done because you suspect mold, or even if you know mold is present.

She remains responsible for the balance of the lease, even if she no longer occupies the dwelling.

Yes, it high time she hired a lawyer, or at least consulted with three or four.

Her issue is far too complex to be addressed on the internet.

She might also contact the local health department, or building inspectors.

In the event of a failure to comply with an uninhabitable unit by the landlord, the tenant may notify landlord of the noncompliance and terminate the rental agreement if repairs are not made within 14 days, and sue for damages.

Trust me, the preceding sentence is easier to type than it is to prosecute.

Some useful reading:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=35736
 
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She is definitely not abandoning her lease even though there is a definite mold problem that hasn't been rectified whatsoever. She is still paying rent even though the apartment is uninhabitable and unsafe to live in per the mold inspector. I told her before that I thought her only recourse was to hire a lawyer. I'll mention about contacting the health department and/or building inspector. Perhaps, if she gets enough professionals on her side, the apartment complex will pay her back for rent and her items lost to he mold infestation without resorting to a costly court battle. I think the apartment is hoping that a court battle will be too expensive for her and that she will just give in to their demands.
 
She is definitely not abandoning her lease even though there is a definite mold problem that hasn't been rectified whatsoever. She is still paying rent even though the apartment is uninhabitable and unsafe to live in per the mold inspector. I told her before that I thought her only recourse was to hire a lawyer. I'll mention about contacting the health department and/or building inspector. Perhaps, if she gets enough professionals on her side, the apartment complex will pay her back for rent and her items lost to he mold infestation without resorting to a costly court battle. I think the apartment is hoping that a court battle will be too expensive for her and that she will just give in to their demands.

A court battle isn't expensive for an apartment complex.
Cort battles have relatively no cost to pro se litigants, except inconvenience.
That said, if you wish to withhold rent for a material defect in an apartment complex, it must be done according to state law.
If you choose the risky "withhold rent self help protocol", said rent must be placed in an escrow account.
Any offset against your inability to use the premises comes after a settlement is reached, or a judgment has been issued pursuant to a lawsuit.
 
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