Mold in only bathroom

[mojatimy]

I need expert advise. I am renting a home in Marysville, WA and I had the landlords out on Dec. 6th for mold issue, no fan in the bathroom, and my toliet leaks. Mind you this is our only bathroom. I emailed them around Dec. 2nd to notify them of the problem. They came out to take a look at it and my boyfriend who is a contractor deals with mold and issues like this and this mold has been there for years. Anyways we agreed that they were going to fix the leaking toliet, purchase a new bath tub (they said that they might as well get a new one in if we have to tear everything out anyways) but they were to install a fan and purchase the tile and other material needed and my other half was going to preform the work. All of this work to be started on Dec. 9th and be completed within 4 days. The landlord decided to call back days after the 9th to say that they don't have the money to fix the tile and that they would need a contractors discount and that they needed to meet my other half some where to buy tile. Well his schedule has filled up and now we are in January. They haven't come over to fix the toliet nor the shower or to install a fan. I have 3 children in this house and it is a danger to them all. They are 1, 2, and 3 months old and mind you this is the only bathroom we have in the house. The one wall is caving in I think from so much moisture and tiles are actually falling off. When we moved in we had to sign a no mold agreement and I thought that this was a little odd but being the hosue is old I can watch out for the mold but this is BAD. I then proceeded to send them a letter stating we are moving out at the end of the month becuase of the breech in contract on her part. It states right in the lease that there repairs must be made in accordance to the Landlord Tenant Act of 1973. Which to me gives them 10 days for those types of repairs. She then sent a letter back to me saying that they are going to sue me for the rest of rent if they can't find someone to move in. Well NO ONE will move in there becuase of the mold. So I am worried I will be stuck with paying for the rest of my agreement. Am I okay moving out on the grounds that I have stated? Please help!

 

[army judge]

I need expert advise. I am renting a home in Marysville, WA and I had the landlords out on Dec. 6th for mold issue, no fan in the bathroom, and my toliet leaks. Mind you this is our only bathroom. I emailed them around Dec. 2nd to notify them of the problem. They came out to take a look at it and my boyfriend who is a contractor deals with mold and issues like this and this mold has been there for years. Anyways we agreed that they were going to fix the leaking toliet, purchase a new bath tub (they said that they might as well get a new one in if we have to tear everything out anyways) but they were to install a fan and purchase the tile and other material needed and my other half was going to preform the work. All of this work to be started on Dec. 9th and be completed within 4 days. The landlord decided to call back days after the 9th to say that they don't have the money to fix the tile and that they would need a contractors discount and that they needed to meet my other half some where to buy tile. Well his schedule has filled up and now we are in January. They haven't come over to fix the toliet nor the shower or to install a fan. I have 3 children in this house and it is a danger to them all. They are 1, 2, and 3 months old and mind you this is the only bathroom we have in the house. The one wall is caving in I think from so much moisture and tiles are actually falling off. When we moved in we had to sign a no mold agreement and I thought that this was a little odd but being the hosue is old I can watch out for the mold but this is BAD. I then proceeded to send them a letter stating we are moving out at the end of the month becuase of the breech in contract on her part. It states right in the lease that there repairs must be made in accordance to the Landlord Tenant Act of 1973. Which to me gives them 10 days for those types of repairs. She then sent a letter back to me saying that they are going to sue me for the rest of rent if they can't find someone to move in. Well NO ONE will move in there becuase of the mold. So I am worried I will be stuck with paying for the rest of my agreement. Am I okay moving out on the grounds that I have stated? Please help!

No one on this forum can give you permission to move out of your apartment.
I can tell you, that withholding rent always reaps you problems.
I can also tell you that it is extremely difficult to break a lease.
It can be done, but it isn't easy.
Do your issues rise to level of allowing you to break the lease?
Not your call.
Only a court can say with certainty.
You can contact your local building inspectors and / or the health department.
Maybe they can assist or advise you.
A local legal aid society might also be able to guide you, or a tenant's rights organization.
Be very careful about withholding rent, very careful.
You also need to know that an eviction action (whether you win or nor not) can prevent you from renting again or easily renting again!

 

[Gail_in_Georgia]

One needs to be very careful when they consider breaking a lease due to claims of "uninhabitable" living conditions. This is especially true when claiming mold since the "mold card" has been so overused by tenants that it typically means nothing to a court without proof that this is one of the two strains of mold that can cause health problems in humans.

All bathrooms (and moist areas such as laundry rooms in the home) are susceptible to mildew and mold. This isn't unusual and it's important to keep in mind that there are....literally....hundreds of strains of mold. Only two have been shown to be medically harmful to some humans (i.e., those who have a history of respiratory issues). Taking showers with windows or doors open (in the absence of fans) and regularly cleaning with either a bleach or hydrogen peroxide solution can keep mildew down to a minimum.

In other words, simply have the very common mildew/mold in a bathroom is NOT a repair issue. Having a wall crumble is. Understand the difference between the two.

It is similar to your claim about a leaking toilet. If the "guts" of the toilet are leaking (i.e., the toilet runs even when not flushed) this does not present either a safety or health hazard to a tenant. To repair this typically involves replacing a $3 flapper. If the leaking toilet actually involves water leaking on the floor (from say, toilet bolts that have, over time, rusted out) then this could pose a safety risk in terms of slippage.

Be very careful before you consider breaking a lease with the claim that the house is uninhabitable. Some folks call local Code Enforcement to have them review the issue prior to making this decision to leave.

Gail