Landlord refused to clean mold, returned rent check

[Peaceful Spirit]

My landlord and her leasing agent signed a letter and returned my rent check the day after I gave it to the landlord. They do not want to complete the repairs and claim they don't have the money to fix the substantial mold problem which is causing health problems for us. The letter was signed by both the landlord and the realtor. That was Friday. On Monday I deposited the check in escrow with the District Court and asked for repairs and penalties. Can I do this without a lawyer? Virginia is not a consumer-friendly state. We cannot afford to move without getting all of our money back. Are they both nuts? Can the realtor be sued as a party due to her participation?

[OHlandlord]

I need more information to answer. Do you have a current lease in effect? Or are you now a month to month tenant? Where is the mold in the unit? Has it been documented by a report from the health department, the city building inspector, or an air quality company? What type of letter did the LL and agent sign? And what other money are you seeking to get back in order to be able to move away from this place? Please respond with more info.

[Peaceful Spirit]

I have a lease March 24, 2008-March 31, 2009. The mold is in a very large crawl space (entered thru a door in the garage under the house). The space goes under the lower level. The odor is coming up into the lower level. The county building inspector has been here. He has not issued a report. An environmental company did an inspection and wrote a report on the extensive nature of the problem. There is standing water in one corner, mold growing in the dirt and up the walls. The insulation is upside-down with the vapor barrier facing the ceiling (which is the floor of the family room). The landlord and realtor signed a letter stating "unable to satisfy your needs for housing at the address. You are free to move by May 15. I will not deposit your check for May 2008 and will return your full security deposit after you move out." So. I am sitting on mold holding a letter signed by both the landlord and the "leasing agent"/realtor. I asked the court to return my April and May rent due to my "loss of enjoyment of the property" and to reduce the rent by $200 per month and to order repairs OR to order return of all money and to have the landlord pay for packing, the move and the difference in rent for me to live in another location. Thanks for any input.

[OHlandlord]

The vapor barrier is normally on the warm side of the wall (towards the living space, as it is), but in a crawl space a second barrier may be needed on the other side since the ground may be damp. Where is the water coming from under the house - leaking plumbing, improper drainage?

Why is there no report from the building inspector? Call and get one. The environmental company - did they do tests to see the type of mold and the levels of spores in the air both inside and outside the house? These will be needed in court to prove the extent of the problem. Just seeing "mold" is not enough. You need to know the strain of mold and the level of mold present. (You'll need more than a report of seeing mold from an environmental company.) If they haven't done these tests, you need someone to do them ASAP. Call the health department or the building inspector and ask them who will do them. Don't use those cheap tests from Walmart or a hardware store - you want something from an authority. A judge will want to see authoritative proof like this.

You probably will not be able to get rent back that you have already paid. You lived in the unit for that period. If the unit was so bad that it made the place uninhabitable, you could get the rent back. But since you lived in the unit the entire time, don't expect any back rent to be returned. Chances are you won't get it. Normally, there are 3 remedies available when repairs are unable to be made. They are rent withholding, repair & deduct, and termination of lease. The LL has said he needs to terminate since he cannot make the repairs and give you a livable space. He has chosen one remedy, you have chosen another (rent withholding). It would be up to the judge to decide which to allow.

You may be able to get a rent reduction, but also be prepared to move out. A judge may well see the extent of the damage as too severe to allow you to continue to live there. He may see that major work needs to be done to the unit that cannot be completed while it is occupied. If this is the case, you will have to move out in order for the LL to affect repairs, as he has stated. Depending on your state and how tenant friendly the laws are there, you could get moving costs only (but probably not get any rent paid toward the new place) and get your deposit return expedited. In a more LL friendly state, you may only be terminated and forced to move quickly. Don't expect too much. I wouldn't want you to have too high of expectations in court. Good luck.