Moldy Carpet, Landlord won’t Replace

By jaime

My friend just moved into an apartment that smells very mildewy and moldy carpet.  There is also visible mold in all of the windowsills.  The landlord had shampooed the carpets before my friend moved in, and there was no ventilation and OR is a wet state.  I’m not sure if that is why the mold is there or not.  But, my friend has asthma and is having a very hard time breathing when she is in the apartment.  She contacted the landlord about it and the landlord said the only thing they can do for her is shampoo the carpets again.  THIS WON’T HELP!!  They won’t replace the carpet or let her out of her lease.  It seems absurd that they can make her live there in those conditions.  It seems a huge health concern.  She has been to her asthma doctor and he has written a letter stating that she is in danger living in that apartment and needs to move.  If anyone has any advice about how she can get out of the apartment right now without any serious repercussions, please help!!

Edited on: Friday, January 6th, 2012 5:40 pm

7 Responses to “Moldy Carpet, Landlord won’t Replace”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Richard

March 30th, 2009 6:12 am

Most molds are not considered toxic. The only way to really know is by testing the mold by a professional company. If the mold turns out to be toxic, then yes, you should be able to go back to the landlord and ask to terminate the agreement.


Christina

March 30th, 2009 6:12 am

You can go to the health department and they will tell you who to contact. That stuff can make you really sick. I have a daughter with asthma and thats what I had to do…


anonymous

March 30th, 2009 6:13 am

You can call the healt department, but I don’t think that will go too far unless the mold is excessive. You can see if the RPA will help you. I’ve never done it, but a friend of mine filed a complaint against her lease agent, she now swears by it. It worked well for my girlfriend, so maybe it will for you.
Good Luck :)


Loni

March 30th, 2009 8:03 pm

There are not any specific guidelines regulating mold. There shoud be! The mold could make the apartment inhabitable for you, since you do have severe allergies, which cause conditions to be a health hazard. If you are current with your rent, you may be able to claim constructive eviction. Talk to an attorney first; most will give free advise over the phone. File complaints, send letters to your landlord, move out. You can’t claim constructive eviction if you are still in possesion of the premises, but if you can’t live there, if it is detrimental to you health (not simply inconvient), you have a right to leave because the landlord breached the lease.


kasey

April 1st, 2009 12:37 pm

Listen I am dealing with the same issue! take pictures of whatever you can. Type of letter up. Stating these things need to be fixed within 14 days. If they are not fixed she is able to leave the apartment with nothing held against her. This is what my attorney told me. See the problem is they have to have it in writing. send it CERTIFIED MAIL. this way you have proof they receieved the letter because they have to sign for it. it may cost ya five bucks but its worth it. file a complaint with the better business bureau as well. try and be one step ahead of them. I sent the certified letter along with pictures to them. My attorny sent them a follow up letter a few days later. I called the health dept as well, but it may take them a while to come out. hope this helps!!


Brovardoor

October 6th, 2010 11:42 pm

Somewhere I read it already. It is possible that you reprint.


Revenge of the Tenant

May 22nd, 2012 9:08 pm

File a complaint here in RPA. It is such a bad news to have landlords that are too passionate in asserting their authority. They should atleast understand that landlords and tenants stands on equal ground.


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