So my family and I just moved into a new rental house 11/1 (signed lease on 10/31)?
The house was originally for sale but the owner put it up for rent because she was having a hard time selling it. When we looked at the place it was aparent it had been sitting for quite some time as it was dusty and had dead bugs everywhere. The night before we moved in we THOROUGHLY cleaned the house and sprayed even though it wasn’t our place to do so. I am only aware of a termite inspection done on the day of move in, no pest control or any other inspection. Well the master bedroom smelled musky when we moved in (we did not notice this when looking at house or cleaning) we pulled up corners of brand new carpet and peeled bubbled paint away to discover mold/mildew. We also discovered mildew in the A/C system which my husband vacuumed and sprayed with bleech. In our lease it states we are responsible for pest , inspections, and repairs up to $50. No big deal but this is the real estate companies problem isn’t it?! I am currently 28 weeks pregnant and have a 2 year old which…
mysteriously woke up sick on Saturday after 2 nights in the house. We took her to the urgent care clinic to assure it wasn’t pneumonia and they could find no trace of anything causing her rasping and cough!! They are going intoday to ‘inspect’ our concerns but it is no PROFESSIONAL inspection and we are 100% sure it is mold or mildew!!! If this isn’t properly handled can we sue? How do we document this?! Video and photos?? I can handle the pest issue and minor broken things but NOT mildew and mold!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
It looks as if someone knew and tried to cover it up as it has been painted over and as for the carpet…either baking soda or a drying agent has been sprinkled in most areas!
Move and owe 15,000 dollars…that would KILL my family as we can not afford that at once!!!
June 3rd, 2011 at 4:35 pm
No your lease states what you are responsible for but… bleach easily kills household molds so i would not worry to much about it. As long as your husband throughly bleaches the ENTIRE house you should be fine. There really isn’t anything a “professional” inspection will cause your landlord to do. I would check with your states housing authority to see what a landlord is official responsible for.
I lived in a rental that the unfinished basement were i had to clean the mildew out of. make sure the areas your husband clean stay dry, get a dehumidifer if necessary.
biz owner
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June 5th, 2011 at 11:34 am
Take pictures & then seek the advice of a lawyer. The owner of the house & the realtor are both responsible for the condtions that you’re dealing with. Maybe both parties knew & tryed to sweep it under the rug. Excuse the pun. It’s not a safe environment for the three & a half of you, so talk to a lawyer right away. Ask him/her about putting the rent in escrow until problems are worked out. Maybe that’s why the owner couldn’t sell it.
biz owner
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June 7th, 2011 at 9:34 am
This country is sue happy…move out if you are so unhappy…the welfare of your children and family far outweigh any money lost. Suing is not the answer…
biz owner
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June 9th, 2011 at 4:34 am
i agree with ted. suing is a good idea but put ur family first
biz owner
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June 11th, 2011 at 3:34 am
First of all, I would document everything with photos and video, if at all possible. Secondly, collect a sample of the mold or mildew and have it tested. If it’s mildew, you don’t have too much to worry about, but if it’s mold, it can be toxic and possibly deadly (in rare cases). Third, I would find another place to live as soon as possible, even if it’s temporary, until you get the results back from the test.
Bleach can help destroy most types of mold and mildew, but there’s a chance it can be growing in the walls, which is why your little one ended up sick. If that’s the case, the bleach isn’t going to do anything.
The real estate company and seller should never have tried to cover up the mold by painting over it. I’m not sure what state you’re in, but California law requires complete disclosure.
Legally, you shouldn’t have to pay for the inspection, but if it was me, I would get the test done and bill the owner of the house later.
Here’s a link to the company I’ve used to do mold tests:
http://moldreport.com/
Here’s a link to a PDF file about the different types of mold:
http://www.niehs.nih.gov/health/topics/agents/mold/docs/mold.pdf
The total cost should be under $100. Be sure you wear gloves when you take the sample and put it in a ziploc bag, then send it off to them and you will have your resutls within a few days.
Good luck, I hope this helps. If you need any further help, please feel free to contact me.
I’m a licensed California Realtor
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June 13th, 2011 at 5:34 am
No, you can’t sue. Suing isn’t the answer to everything.
You ask them to fix the problem or deduct your expenses from your rent.
If you don’t want to bother, after their refusal to fix the problem you can move out – and you have legal grounds to break your lease without paying the entire lease term – they have a responsibility to make sure the house is SAFE.
You either get it fixed and deduct the amount from your rent or MOVE. Plain and simple.
I’m a licensed California Realtor
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