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mold/irritants and breaking a lease

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Old Aug 23rd, 2008, 12:12 AM     #1
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Default mold/irritants and breaking a lease

I have been sick since moving into my apartment. Now my son is getting sick. His are allergies. Mine are allergies causing sinus infections and exacerbation of asthma. LL tested for mold refused to send a copy to me, stating it was negative. (They only tested in my apartment.) The common entryway has a small amount of mold around the window and the carpet is always wet. The window never gets shut. I had a flood in the kitchen after they tested for mold. LL said "I'll attempt to replace dishwasher when I have the funds" I have a letter from my physician stating I need to be allowed to move and break my lease for my health. I am now missing work from this. I am maxed out on shots and allergy pills and inhalers.
I don't know if it is mold or just something I am sensitive to. I know LL only has to deal with mold nothing else. I live in Michigan. I can't afford to have a test done to see what the irritants are. Lawyer said give it some time, it has been 4 weeks since I have moved in. I will have the carpets cleaned. I bought air conditioners and keep the windows closed. I use mattress covers and have no pets. I can't do anything else to make this livable. I want to break lease but have no where to go. Can I tell LL I am starting to look now for a new place. When LL sues me I will take all documentation to judge and say this is why I had to move?
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Old Aug 23rd, 2008, 09:33 AM     #2
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Default Re: mold/irritants and breaking a lease

The LL is not responsible for your allergies or health conditions. Unless you can prove conclusively that your illnesses are caused by something wrong in the apartment, and that he refused to cure whatever it is, you probably won't be able to break your lease without penalties. You could be allergic to pet dander in the carpet from the last tenants. (Even if the LL said they had no pets, tenants often sneak them in.) Your Dr.'s note does not identify what is causing you to be ill. You cannot prove it is something in the unit with this. You need testing to be able to prove what the problem is.

Place a hepa filter in your furnace, run the fan on it, vacuum out the ducts, have the carpets steam cleaned very well, take down and wash all window treatments, and wipe off window sills. If a pet was there before, this should remove most of the dander.

Next, write a repair request for the DW and the window in the hall to be closed as it is causing mold. Ask that the mold be cleaned up. Send it by certified mail, rrr, and keep a copy. In the letter, ask that the LL contact you within 10 days to tell you when repairs will be made. If no repairs are made within 30 days, you can take other remedies available to you. (Please list your state and I can tell you what your state law says you can do.)
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Old Aug 23rd, 2008, 11:49 AM     #3
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Default Re: mold/irritants and breaking a lease

I am in Michigan. The mold in the common entryway is not very much. I can see it on the window frame. I am sure it is in the carptet as well. I just can't see it. The window has been open for over 2 months and not closed during rain.

I can't afford the testing. What about the do it yourself mold kits?
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Old Aug 24th, 2008, 07:03 PM     #4
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Default Re: mold/irritants and breaking a lease

Most of those test kits are useless. They only show a presence of mold. Since mold is everywhere except really arid places, it only shows that mold is there. Mold spores are found in the air, in the soil, in leaves, in mulch, etc. Those tests don't show the quantity (if there is more mold present inside than the normal mold outside - an elevated level of mold). Nor does it show the strain of mold (not all molds are harmful - think penicillin or blue cheese). You need both the strain and the quanity to show there are elevated (unhealthy) levels of dangerous molds present. Without a test that shows the strain and the PPM (parts per million in the air), the test can be construed to say it shows nothing but the normal mold in the air. Call the health department or building inspector, although many are not qualified in mold. Call and ask. Forget them if they aren't certified for mold. Uncertified testing is worthless.

Clean your unit and send the letter to the LL.
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