Mold In My Apartment

[adreamwife]

Two weeks ago (9/14), my upstairs neighbor's toilet overflowed and flooded the hallway and a portion of one of my bedrooms. Unfortunately because of management changes, I had to wait until the next morning (9/15) to call the management company. I called them and they sent a company out to extract the water. The company wanted to cut out the affected drywall but the management company refused to allow them to do so. However, they authorized them to cut small (half dollar size) into the affected walls. They removed the carpet and padding in the hallway, just the padding in the affected bedroom and baseboards in all affected areas. When they did this, there was mold.

The following morning, a gentleman came out to measure to replace the carpet to which I then found out they were going to replace the carpet throughout (the carpet was about 10 years old when I moved in two years ago). I scheduled the new carpet installation for October 4th so that would give management time to repair the drywall. I called the manager to inform him of the update and he said OK.

This past Monday (9/26) after no one has contacted me regarding the drywall, I called the manager to inform him that a.) no one had repaired the drywall and b.) my children and I are all sick with throat and bronchil infections. He stated that he would be at my place the following day. Fortunately, I was able to find a mold specialist to come out and do a free inspection of my place on that day as well and yes he found mold. However, the health department also came out and although he stated from the beginning that he wasn't really familiar with mold, he stated that he didn't see mold.

The mold specialist told me what I needed to do, what questions to ask, etc. He also informed the manager and maintenance guy. Later that afternoon, the manager informed me that they would be back the following day to cut out the drywall to have it tested for mold (initially, their intention was to repair the drywall without addressing the issue of mold). However yesterday when they showed up at the appointed time, they informed me that they were having their our mold specialist come out because my apartment needs to be sealed off and contained (as the mold guy said they should).

My questions are as follows:
When is a unit deemed uninhabitable?
Can I place my October rent (and any rent thereafter) into an escrow account until the problem is corrected in the proper manner?
How do escrow accounts work?

[rcterrell]

I'm hoping you find a resolution to this.

In my situation, we have no mold expert to consult, the health department hasn't been by, no inpections made (other than an assistant manager looking at the damage)

Here, it appears there is a leak in one of the pipes in the wall, and it's leaking to the downstairs apartment through the wall and our bathroom floor. Both apartments have mold, there's mold found in the wall by myself, and the downstairs apartment's ceiling are bowing in the bathroom and the closet.

Nothing has been sealed and noone has been evacuated or moved to a different apartment. Management has done nothing other than to schedule a plumber to look at the situation on Tuesday Oct 4.

We initially found the mold last Thursday Sept. 29.

[elklaw]

Ask to be let out of your lease, sign a mutual release and move on. It does not sound safe to live there and you may have trouble getting money back from the escrow account. I suggest going to a free consultation with a local attorney to brainstorm, but a mutual release can free you to go and free the apt management folks from being sued by you.

[adreamwife]

Unfortunately because the health department did not put on the report, the management company as well as the owner feel they are in the clear. However, I faxed the owner a copy of the report from the water damage company that THEY called out that says there was mold found and this (insert profanity here) told me that basically I doctored the paperwork and there is no mold in my house. CLASS A piece of work. So I gave the manager my rent check yesterday and it cleared today which tells me that he cashed the check instead of depositing it.

The mold guy that came out last week was not a hygenist so the hygenist (that I'm paying for) is coming out tomorrow morning and should have a report by Monday or Tuesday of next week.

If the report comes back and says that there is dangerous mold in my house, my next step will be contacting an attorney for reimbursement of doctor co-payments, prescriptions, the hygenist and damages.

I am still sick. I went back to the doctor yesterday and he changed my prescription. He said to call him with the results from the hygenist.

[Argis]

Sorry about all you misfortunes.

I am on the opposite side of this isssue where I have an appartment that has a moisture problem and can be potentially dangerrous.

It started with a leaking bathroom wall which I had fixed. After which we started to see moisture build up and mold starting to form. We thought it was from the previous problem but after cleaning it kept coming. It's winter now and come to find out that the source may be the gas stove emitting too much moisture. Myself and the previous enants never had this problem but these tenants always have someone home and keep it much warmer. Not to mention they won't keep one of the windows cracked for ventilation. Also they don't keep the humidifier going that we gave them. Obviously I need to solve this problem but I don't believe I can do so with them there. I need to shut off the heat to see if that is the source and if so replace it and then fix the damage that has already occured.

I would like to ask them to leave for their own good as well as the good of the property. We have a month to month lease.

What happens if they stay? The house will become more damaged and their health could be at risk. Also the work in the bathroom may be starting to fail due to the moisture which could cause huge problems. I am willing to give back all deposites and refund the last months rent do the the inconvenience.

What can I expect and how quickly can I ask them to leave? I live in CT.

Thanks,

[elklaw]

start a new post argis- this is a different matter than the original issue