tenant rights issue

[shanequa sanchez]

quick question.... not related to music...so if any one can help i'd appreciate it....
i'm withholding my rent because my landlady refuses to fix my bathroom (mold all on the ceiling and it has spread to the mirror).now i don't have a written lease ( i've lived here for six years with no problems)... so far i haven't paid december's rent and i know the ole bat is thirstin' right about now...
does the lack of a lease present a problem??

[mhd]

its all moot anyway, cause that mold you are so righteously refusing to clean is gonna kill you

[DaveR]

ever seen that movie Pacific Heights ?

[DaveR]

Originally posted by mhd:
its all moot anyway, cause that mold you are so righteously refusing to clean is gonna kill you graemlins/rofl.gif

[mhd]

Originally posted by DaveR:
ever seen that movie Pacific Heights ? oh yeah, here is one better, ever seen that movie the blob?

[MYOR]

No that just means you are a monthly tenant..

Just make sure you put the money in an escrow account so when he takes you to you to court..

BTW... I hope you put it in writing the request to fix the bathroom and take pictures..

[mdpm99]

Originally posted by MYOR:
No that just means you are a monthly tenant..

Just make sure you put the money in an escrow account so when he takes you to you to court..

BTW... I hope you put it in writing the request to fix the bathroom and take pictures.. MYOR is steering you in the correct direction.

d

[imported_Gman]

This thread does remind me I need to clean my bathroom. Are you saying this is not the typical mold and mildew problem all bathrooms get ?

[mhd]

all jokes aside, mold is a serious health risk, and not at all easy to eradicate, you may need to go online to do some research, once you get rid of it you have to identify what is allowing the moisture in that particular place where the mold is starting

[D J 1 3 8]

I saw a thread on another board about ways to screw a landlord that has booted you out.

The funniest suggestion was to put RAW chicken legs behind all of the wall sockets and raw shrimp {i] inside [/i] the curtain rods!

[shanequa sanchez]

well.. the first two times i asked her to clean it up she said she would....now several months have passed and nothing...so i am going writing her a letter and send it to her formally rquesting that she do so... since i am a monthly tenant might she ask me to move instead.... can she do that?? thanx....

[mdpm99]

Originally posted by mhd:
all jokes aside, mold is a serious health risk, and not at all easy to eradicate, you may need to go online to do some research, once you get rid of it you have to identify what is allowing the moisture in that particular place where the mold is starting This is true.....

d

[däp]

you should document the situation in order to protect yourself. lack of lease means she can ask you to move tomorrow. you're living there at your own risk right now.

maybe she needs help. see if you can get a free estimate for the cleanup and give it to her. just a few suggestions.

[shanequa sanchez]

posted December 08, 2003 04:16 PM
--------------------------------------------------------------------------------
This thread does remind me I need to clean my bathroom. Are you saying this is not the typical mold and mildew problem all bathrooms get ?
__________________________________________________

no it isn't...its all on my ceiling and side walls.. i spent five years on a freaking ladder wiht clorox cleaning up this mess...
mhd.... you make a point...i do live on the last floor of a private house and my bathroom does have a window ( opens up to a shaft not the outside) but so do the other two floors below me...what happens is that when everyone bathes all the moisture goes into my bathroom...and i can't keep the window closed because i have to "air out" my bathroom also...even still...isn't it her responsibility??

[MYOR]

Originally posted by neco:
posted December 08, 2003 04:16 PM
--------------------------------------------------------------------------------
This thread does remind me I need to clean my bathroom. Are you saying this is not the typical mold and mildew problem all bathrooms get ?
__________________________________________________

no it isn't...its all on my ceiling and side walls.. i spent five years on a freaking ladder wiht clorox cleaning up this mess...
mhd.... you make a point...i do live on the last floor of a private house and my bathroom does have a window ( opens up to a shaft not the outside) but so do the other two floors below me...what happens is that when everyone bathes all the moisture goes into my bathroom...and i can't keep the window closed because i have to "air out" my bathroom also...even still...isn't it her responsibility?? I work for a chemical company.. What we do is add biocide to paint.. to elimanate the possiblitity of mold/fungi growth.. I will ask what you can do.. ;)

[mhd]

Originally posted by neco:
posted December 08, 2003 04:16 PM
--------------------------------------------------------------------------------
This thread does remind me I need to clean my bathroom. Are you saying this is not the typical mold and mildew problem all bathrooms get ?
__________________________________________________

no it isn't...its all on my ceiling and side walls.. i spent five years on a freaking ladder wiht clorox cleaning up this mess...
mhd.... you make a point...i do live on the last floor of a private house and my bathroom does have a window ( opens up to a shaft not the outside) but so do the other two floors below me...what happens is that when everyone bathes all the moisture goes into my bathroom...and i can't keep the window closed because i have to "air out" my bathroom also...even still...isn't it her responsibility?? 5 years, damn, but thats just it, clorox does not work, you gotta google this shit, it will blow your mind, once you find a way to keep it under control, you have to find another way to "air out" your bathroom, maybe a space heater, or a dehumidifier, the dehumidifier is safer and can be used year round, it works by taking moisture out of the air.
as for your landlord, lets just assume that not having a lease is no problem, she does have the obligation to provide a place that is safe and habitable in exchange for your rent, btw, do you have any health problems connected to this??? my suggestion would be to document it furhther with photos, maybe even a video, put take steps to get rid of it yourself, another point, landlords may be prevented from doing something called retalitory eviction because you complained, but, i'm not sure about that one

[shanequa sanchez]

DAMN!!!! so the ole bat can ask me to move...
i was afraid this might be a possible case scenario... graemlins/cussing.gif

i will do what you've all suggested...hopefully my daughter and i won't be homeless for the new year.... graemlins/cussing.gif
i just feel like she's got all the power right now....what happened to justice and doing the right thing? graemlins/mecry.gif

[MYOR]

I honestly don't think she can tell you to move...

[mhd]

Originally posted by MYOR:
I honestly don't think she can tell you to move... probably correct, even if she says get the hell out today, that really means anywhere from 30 - 90 or more days to actually leave and in your case if you go to court, you are good until the case is over i would imagine and probably entitled to an offset

[däp]

Originally posted by MYOR:
I honestly don't think she can tell you to move... she can ask him to move but he would have the maximum time (under local law) to move.

[däp]

Originally posted by mhd:
</font><blockquote>quote:</font><hr />Originally posted by MYOR:
I honestly don't think she can tell you to move... probably correct, even if she says get the hell out today, that really means anywhere from 30 - 90 or more days to actually leave and in your case if you go to court, you are good until the case is over i would imagine and probably entitled to an offset </font>[/QUOTE]curious. how true is this w/o a lease?

[mhd]

Originally posted by t o r i n:
</font><blockquote>quote:</font><hr />Originally posted by mhd:
</font><blockquote>quote:</font><hr />Originally posted by MYOR:
I honestly don't think she can tell you to move... probably correct, even if she says get the hell out today, that really means anywhere from 30 - 90 or more days to actually leave and in your case if you go to court, you are good until the case is over i would imagine and probably entitled to an offset </font>[/QUOTE]curious. how true is this w/o a lease? </font>[/QUOTE]might be irrelevant, might be in his favor since we don't know why there is no lease, even with no lease he is still afforded some minimal protection, at least

[MYOR]

Originally posted by t o r i n:
</font><blockquote>quote:</font><hr />Originally posted by MYOR:
I honestly don't think she can tell you to move... she can ask him to move but he would have the maximum time (under local law) to move. </font>[/QUOTE]True but then he can doesn't have to agree to move.. wait till she takes him to court.. and let the judge decide..

My friend withholds rent all the time, when her landlord refuses to fix something.. He takes her to court and he has to then fix it by a certain time... She always wins :D ..

The only thing is that she lives in a multiple dwelling so it might be different since you live in a 3 family home...

[shanequa sanchez]

omg...now i'm scared i'm going to die!!! (did the google search and was scared shitless!!)
so hows about this...i take pictures, write her a letter requesting that she do something, and clean it up in the mean time, but still withhold my rent...does that make sense??
i can ask her to reimburse me for the cleanup/fix up... and until she does i'll withhold rent? or maybe take it out of the rent money, attach a receipt and give her the balance??
or maybe i'll just AR15firing.gif her and be done with this whole drama!!!!! graemlins/cussing.gif

[MYOR]

Ok talked to my co-worker..

He said you have a ventilation problem. For that you can go to Home Depot buy an exhaust fan. A good fan should cost you about $40. If you don’t want to go that way.. he said you must keep the window open all the time.

To get rid of the mold.. The best solution is to clean it out with bleach(undiluted) and use a Synthetic Fiber Brush to scrub it off. Be careful. Cover yourself very well so you don’t get it on your face. So get a good mask and covering for yourself. Make sure you get all of the mold off. If you leave one dot it will grow all over again.

Repaint the bathroom using good paint.. He suggested Sherwin Williams Paint(Acrylic Paint). Just tell who ever is helping you that it’s for the bathroom. There might be a paint especially for bathrooms.

Also he said now is the best time to do it.. Since there is no humidity.


Happy Scrubbing ;)

[shanequa sanchez]

thanks myor...live near a home depot and will get to it asap!! smile.gif

[MarkK]

I would say you need to document all this and then withold the rent. Not the other way around. Since you have no proof of a request to clean the mold, she could start eviction for non-payment.

[jimmymack-2000]

mhd is right, though--the health aspects ain't no joke. Ever see that guy on Maury and other talk shows who inhaled some kind of mold spore? It lodged in his sinuses and caused an infection that ate away his eyes and nose...

[Brenda]

Originally posted by neco:
quick question.... not related to music...so if any one can help i'd appreciate it....
i'm withholding my rent because my landlady refuses to fix my bathroom (mold all on the ceiling and it has spread to the mirror).now i don't have a written lease ( i've lived here for six years with no problems)... so far i haven't paid december's rent and i know the ole bat is thirstin' right about now...
does the lack of a lease present a problem?? If you are planning to take this to Landlord Tenant, umm....you'd betta have a lease. Yeah, put the money in an escrow, take pics but a Lease is very ver important.

[shanequa sanchez]

i am taking the pictures today...and will be cleaning this mess up this weekend...
i'd prefer not to take her to court...so i'm hoping that my writing her a formal letter and showing her those nasty pictures will open her up to the idea that something needs to happen on her part...if nothing then i will proceed with legal action...
i swear this sucks!!! given the fact that affordable housing is tight in nyc these landlords/ladies feel they can push up on you... i know i need a home but i'm not anybody's sucker...

btw.. a colleague of mine passed on to me a pamphlet published by the association of the bar of nyc committee on housing court..it's titled, A TENANT'S GUIDE TO HOUSING COURT. anyone familiar with it?
so far it's informative...
thanks for the tips folks...
smile.gif

[mhd]

neco, why not print some of the research on mold and attach it to your letter to the landlord, particularly the epa stuff because in it they address some of your issues

[shanequa sanchez]

hi mhd...great idea..will do...thanks!

[andrea]

Originally posted by MYOR:
No that just means you are a monthly tenant..

Just make sure you put the money in an escrow account so when he takes you to you to court..

BTW... I hope you put it in writing the request to fix the bathroom and take pictures.. Please take pictures and document your conversations with the manager and/or other tenants. Also do some background study on mold and the effects of it on humans. Be prepared.

You can try to send her a written notice once more and see if she will clean it up before taking another step. Good luck.

andrea

[V-ROD]

If your in Chicago I can suggest some stuff. If your walls and ceiling are not bulging but have mold on them, then the problem can be easily taken care of with bleach and some elbow grease like MYOR said. Then repaint, Even though you don't have a lease, you still have rights. Make sure everything you do is in WRITING make sure you have receipts for everything you buy, but make sure you let the landlord know of what you are doing and get permission. Before you do all that, make sure you ask the landlord to do all that stuff first. Once time passes by, just inform the landlord your gonna do it yourself and your gonna take it out of the rent, like I said before have all of your receipts!!!

Even though you are on a month to month basis, you still have rights, besides even though you do get evicted, it can be a long process, usually judges give quite a bit of time for a tenant to get out of the apartment, especially if your a single parent, and the weather is around 35 degress or less on average, they won't put noone out when it's that cold. Of coarse this is what I know from dealing with Chicago judges.

Peace V-ROD

Originally posted by MYOR:
Ok talked to my co-worker..

He said you have a ventilation problem. For that you can go to Home Depot buy an exhaust fan. A good fan should cost you about $40. If you don’t want to go that way.. he said you must keep the window open all the time.

To get rid of the mold.. The best solution is to clean it out with bleach(undiluted) and use a Synthetic Fiber Brush to scrub it off. Be careful. Cover yourself very well so you don’t get it on your face. So get a good mask and covering for yourself. Make sure you get all of the mold off. If you leave one dot it will grow all over again.

Repaint the bathroom using good paint.. He suggested Sherwin Williams Paint(Acrylic Paint). Just tell who ever is helping you that it’s for the bathroom. There might be a paint especially for bathrooms.

Also he said now is the best time to do it.. Since there is no humidity.


Happy Scrubbing ;)

[KragShot]

Originally posted by t o r i n:
you should document the situation in order to protect yourself. lack of lease means she can ask you to move tomorrow. you're living there at your own risk right now.

maybe she needs help. see if you can get a free estimate for the cleanup and give it to her. just a few suggestions. Not quite...depending on where (state) you live, she has to give you from 2 weeks to 30 days notice to evict you, and if you have a significant health issue (pretty much seems that you do) and she's evicting just because you are making a stink about it, you can report her to the fair housing bureau of your city.

BTW, get the escrow account today if not sooner. That way, if it goes to court, you can prove that you didn't just blow the rent and you're crying sour grapes.

KragShot

[DISKOQUEEN99]

These are excerpts of The Metropolitan Tenants' Organization Residential Landlord and Tenants Ordinance. You may find it useful. I'd also call the Building Inspectors and the Health Dept. if I were you.


5-12-100. Notice Of Conditions Affecting Habitability
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:

*any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common area and provide notice of the pendency of any code enforcement litigation or Compliance and Code Enforcement Bureau proceeding pursuant to Chapter 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation and/or the identification number of the Code Enforcement Bureau proceeding and a list of any code violations cited.

*any notice of intent by the City of Chicago, or

*any utility provider to terminate water, gas electrical or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service to be terminated; the intended date of unit or common areas. The disclosure shall state the type of termination; and whether the termination will affect the dwelling unit, the common areas, or both. A landlord shall be under a continuing obligation to provide disclosure of the information described in this subsection (b) throughout a tenancy. If landlord violates this section, the tenant, or prospective tenant shall be entitled to remedies described in Section 5-12-090.



5-12-110. Tenant Remedies
In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth. For the purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:

*failure to maintain the structure integrity of the building or structure or parts thereof;

*failure to maintain floors in compliance with safe load-bearing requirements of the municipal code;

*failure to comply with applicable requirements of the municipal code for the number, width, construction, location, or accessibility of exits;

*failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;

*failure to provide smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;

*failure to maintain elevators in compliance with applicable provisions of the municipal code;

*failure to provide or maintain in good working order a flush water closet, lavatory basin, bathtub or shower, or kitchen sink;

*failure to maintain provide heating facilities, or gas-fired appliances in compliance with the require ments of the municipal code;

*failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;

*failure to provide hot and cold running water as required by the municipal code;

*failure to provide adequate hall or stairway lighting required by the municipal code;

*failure to maintain the foundation, exterior walls or exterior roof in sound condition, and repair, substantially watertight and protected against rodents;

*failure to maintain floors, interior walls or ceilings in sound condition and good repair;

*failure to maintain windows, exterior doors, or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peep holes;

*failure to supply screens where required by the municipal code;

*failure to maintain stairways or porches in safe condition and sound repair;

*failure to maintain the basement or cellar in a safe and sanitary condition;

*failure to maintain facilities, equipment or chimneys in safe and sound working condition;

*failure to prevent the accumulation of stagnant water;

*failure to exterminate insects, rodents, or pests;

*failure to supply or maintain facilities for refuse disposal;

*failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;

*failure to provide adequate light or ventilation as required by municipal code;

*failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;

*failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;

*failure to maintain and repair any equipment which the landlord supplies or is required to supply; or

*failure to maintain the dwelling unit and common areas in a fit and habitable condition.
Noncompliance by landlord. If there is material noncompliance by the landlord with a rental agreement or with Section 5-12-070, either of which renders the premises not reasonably fit and habitable, the tenant under the rental agreement may deliver a written notice to the landlord specifying the acts and/or omissions constituting the material non-compliance and specifying that the rental agreement will terminate on a date not less than 14 days after receipt of the notice by the landlord, unless the material non-compliance is remedied by the landlord within the time period specified in the notice. If the material non-compliance is not remedied within the time period so specified in the notice, the rental agreement shall terminate, and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the time period specified in the notice. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return all prepaid rent, security and interest recoverable by the tenant under Section 5-12-080.

*Failure to deliver possession. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the residential rental agreement or Section 5-12-070, rent for the dwelling unit shall abate until possession is delivered, and the tenant may:
upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or
demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustain by him.
If a person's failure to deliver possession is willful, an aggrieved person may recover from the person withholding possession an amount not more than two month's rent or twice the actual damages sustained by him, which ever is greater.

Minor defects. If there is material noncompliance by the landlord with the rental agreement, or with Section 5-12-070, and the reasonable cost of compliance does not exceed the greater of $500 or one-half of the monthly rent, the tenant may recover damages for the material non-compliance or may notify the landlord in writing of his intention to correct the condition at the landlord's expense; provided, however, that this subsection shall not be applicable if the reasonable cost of compliance exceeds one month's rent. If the landlord fails to correct the defect within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have the work done in a workmanlike manner and in compliance with existing law and building regulations and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier, deduct from his or her rent the amount thereof, not to exceed the limits specified by this subsection and not to exceed the reasonable price then customarily charged for such work. A tenant shall not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants and shall cause the work to be done so as to create the least practical inconvenience to other tenants. Nothing herein shall be deemed to grant any tenant any right to repair any common element or dwelling unit in a building subject to a condominium regime other than in accordance with the declaration and by-laws of such condominium building, provided that the declaration and by-laws have not been created to avoid the application of this Chapter.

For the purposes of mechanics' lien laws, repairs performed or materials furnished pursuant to this subsection shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.
--------------------------------------------------------------------------------------------------
VERY IMPORTANT IN YOUR CASE******************************
Failure to maintain. If there is a material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material non-compliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Damages and Injunctive Relief. If there is a material non-compliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.
Failure to provide essential services. If there is material non-compliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material non-compliance or failure. If the landlord has, pursuant to this Ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such an address. If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord's non-compliance or failure:
procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or
recover damages based on the reduction in the fair rental value of the dwelling unit; or
procure substitute housing , in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal the monthly rent for each month or portion thereof of noncompliance as prorated.
In addition to the remedies set forth in Section 5-12-110(f)(1)-(3), the tenant may:

Withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material non-compliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or
Terminate the rental agreement by written notice to the landlord if the material non-compliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material non-compliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant's notice shall be deemed withdrawn and the lease shall remain in full force and effect.
If tenant proceeds under this subsection (f), he may not proceed under subsections (c) or (d). The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. Before correcting a condition the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.
---------------------------------------------------------------------------------------------------------------------------
Fire or casualty damage. If the dwelling unit or common area are damaged or destroyed by fire or casualty to an extent that the dwelling unit is in material noncompliance with the rental agreement or with Section 5-12-070, the tenant may:
immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenants' intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit; or
if the tenant desires to continue the tenancy, and the landlord has promised or begun work to repair the damage or destruction, but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, notify the landlord in writing with 14 days after the tenant becomes aware that the work is not being carried out diligently or within a reasonable time of the tenant's intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty.
If the rental agreement is terminated under subsection (g), the landlord shall return all security and all prepaid rent. Accounting for rent in the event of termination

[shanequa sanchez]

you folks have given me a wealth of info and support...i love dhp... graemlins/mecry.gif

smile.gif

[Moksha]

Originally posted by neco:
DAMN!!!! so the ole bat can ask me to move...
she can ask, but you don't have to. it'll take ages for her to force you out. In the meantime, take her to small claims. make sure you're outting rent into escrow account.

[mdpm99]

http://www.nytimes.com/2003/12/11/garden/11TURF.html?ex=1071810000&en=bd87f3616e380961&ei=5059&partner=AOL

Nightmares on Mold Street
By MOTOKO RICH

Published: December 11, 2003


OR 32 days, William Wessling, a 44-year-old chef in Pineville, N.C., was forced to stay out of his condominium because of a sore throat, pains in his fingers and neck and other ailments that his doctors attributed to mold behind his baseboards and kitchen cabinets.

After $3,300 to clean out the mold, Mr. Wessling is spending nearly $2,000 on doors, gutters and grading to make sure it doesn't comes back. "It was nasty," Mr. Wessling said. "It can sneak up on you."


Toxic mold began making headlines nearly a decade ago when fungi like Stachybotrys atra and penicillium were discovered spreading their wispy Addam's Family tendrils up library partitions and down school hallways. The mold was said to cause flu- or asthmalike symptoms, skin rashes, heart palpitations, headaches, respiratory problems and chronic fatigue. Then the fear of mold spread to the home.

While mold claims increase, and new products are introduced to combat mold, some doctors are questioning whether molds cause many of the ills attributed to them. Insurance companies are excluding mold coverage in many states, and some builders are skeptical about the efficacy of new mold retardants.

Kirk Hansen, director of claims for the Alliance of American Insurers, a trade group in Downers Grove, Ill., said there are 10,000 active lawsuits involving mold in homes. Bianca Jagger has sued her Park Avenue landlord for $20 million, alleging that the company failed to fix a persistent leak that caused mold to spread across a wall in her rental apartment. Across the avenue, at 515 Park, condominium owners are suing a developer over construction defects they say caused a mold outbreak in their multimillion-dollar apartments.

Last month, a jury in Salem, Mass., awarded Katrine Stevens, a former condo owner in nearby Gloucester, $549,326 in damages and interest after she was exposed to mold that her doctors said made it difficult for her to breathe and forced her to leave her home after just a month and a half.

Despite some doubt about what ills can in fact be attributed to mold, insurers paid out $3 billion on mold-related claims last year, more than double the $1.4 billion in 2001, according to the Insurance Information Institute, a New York-based trade association.

Now, Robert Hartwig, chief economist at the institute, said many insurers will no longer cover claims related to mold. In fact, he said, 43 states (not including New York) have already made it legal for homeowners policies to exclude mold coverage. Mr. Wessling paid for his repairs out of his own pocket, he said, because his insurance didn't cover mold damage.

"It's a nightmare because we've lived with mold for thousands, if not millions of years," said Stuart Saft, a real estate lawyer and chairman of the Council of New York Cooperatives and Condominiums. "And now every time anybody sees any mold whatsoever, they immediately feel that their life is in danger and that it's building-eating mold."

The lawsuits, the occasional legal victory and the headlines have generated an anxiety about mold that has created its own industry for prevention and care.

Some measures to prevent mold are obvious and cost nothing; builders can make sure that wallboard and other materials stay dry during construction. Some builders are paying extra to install wall panels or paints meant to be mold-retardant. Others are handing out brochures and videos to home buyers urging them to use bathroom fans and kitchen exhaust hoods regularly. In humid climates, residents are advised to close their doors and windows and use the air-conditioners, which act as dehumidifiers.

Concern about liability means apartment owners and managers respond more quickly to complaints about leaks. And people building homes are not relying on others to protect them: they are installing leak-detection systems, or demanding customized houses built without wallboard or drywall, where mold seems to thrive.

None of this has escaped the notice of home builders and property owners, who foresee additional liability as insurers shirk the burden.

[ December 11, 2003, 01:40 PM: Message edited by: david mancuso ]

[mhd]

great article david, reminds me of the new Ritz Carlton in DC, several million dollar apartments were ravaged by mold last year

[shanequa sanchez]

OMG!!!!
thanks for the article david....
here's the letter i'm sending to my landlady :
I am concerned about the mold on my bathroom ceilings and walls, and the health hazards it may pose to me and my daughter. We’ve spoken twice about the situation. Once at the end of May 2003, and again in July 2003 when you said that the man who does repairs for you would be back in a month to take care of the mold.
It’s been almost six months and you still haven’t gotten back to me on this matter. I have been patient and understanding to your circumstances, however, upon receiving this letter, I am hoping we can discuss a resolution to this dilemma.
If you fail to respond to my pleas, I will be forced to start legal proceedings. I truly hope we can come to some sort of an agreement.

so... i'm sending it certified mail and keeping my fingers crossed...
i've taken pictures and have gotten in touch with someone who will clean it up (not at my expense, of course)...
i'm trying to be optimistic, but my main concern right now is the health of my family...if she doens't respond by the end of the month i will go to Housing court and begin action on january 2nd 2004...
any other pieces of advice??