Can I break lease/get paid for black mold in my apartment?

This is a discussion on Can I break lease/get paid for black mold in my apartment? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Sorry, unregistered 2:03, but I am already waaaay tougher than you. I have much more class and tact too. Posters ...

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Old May 22nd, 2010, 10:36 AM   #21
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Default Re: Can I break lease/get paid for black mold in my apartment?

Sorry, unregistered 2:03, but I am already waaaay tougher than you. I have much more class and tact too. Posters come onto internet forums such as these to get honest and HELPFUL answers to real problems. Calling people names and insulting them is not being helpful. That only drives people away form the forum. If you want to give honest and helpful answers, great. But insulting people never helped anyone. Why are you here if you don't want to help?
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Old Jul 2nd, 2010, 08:05 AM   #22
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Default Re: Can I break lease/get paid for black mold in my apartment?

You MUST legally give them a chance to clean it up. Also, contrary to popular belief not all mold is harmful and the really harmful kind is very rare! Before you could break a lease over mold the health department has to test it to see if it is the bad kind or not. Even then you cannot just leave without penalty. It must be court ordered.



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Old Jul 6th, 2010, 10:12 AM   #23
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Actually the way you say some molds are harmful and some are not that is a bunch of crap all mold is harmful maybe not fatal but harmful yes. Take me for example I am deathly allergic to penicillin like if I take it I will swell like a blueberry and adventually my throat will close and I will die! Also I have broke out in hives just from common under the sink mold so to me mold is harmful. So if I was anyone living in an apartment or house with mold I would be staying elsewhere!
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Old Sep 24th, 2010, 07:43 AM   #24
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You can break your lease! I did.

And, THERE IS NO SUCH THING HAS GOOD MOLD OR HEALTHY MOLD FOR THAT MATTER! I am a proven case where justice will prevail.

Today is my moving day. For the last several years I have been treated over and over again for bronchitis and postules all over my face and trunk (neck, chest). My doctors could not figure out the cause. What they did know was that I was allergic to penicllin. I swell up, face, tongue, throat. Even my fiance and cats were getting upper respiratory infections and my one cat got that on top of eye infections!

It was not until I heard that other tennants were complaining of mold did my doctor and I put two and two together. I then requested a mold inspection in June 2010 and in June and July two separate inspections were done and both proved to show high levels of penicillium mold in our place. The landlords received notification of this and even facilitated the mold inspections... AND THEY DID NOTHING! Instead,they had the balls to offer me a new lease at a discounted rate! My lease was not due for renewal until November 1, 2010. And, no where in that offer did they state how they would fix the mold. Finally, 2 1/2 weeks ago, I put in my notice to break my lease due to mold, and, you know what? They didn't contest it. Which brings me back to.... today is my moving day!

I have pictures, documents, and medical and vet reports. I also have receipts for all of the fabric/poreous furniture and housewares I have had to replace. Everything else that was durable and washable went into the dishwasher, wash machine, or dry cleaners.

If a lawyer states I have a case and your issue is similiar to mine, then don't listen to the responses of those who can not prove they have been there and that penicillium mold is not as bad as toxic mold. IT IS A PERSONAL INJURY CASE.

Document, pursue, and you will prevail!
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Old Sep 26th, 2010, 11:16 AM   #25
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Default Re: Can I break lease/get paid for black mold in my apartment?

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Because deadly mold is much different of an issue than mildew. Mildew is not harmful to anyone unless they have an allergy. (And any allergies you have are your medical condition and have nothing to do with the LL.) An annoying smell is much different than mold spores in the air that can kill you! If you can document that it is harmful mold you have the right to have it repaired as an emergency situation (within a few days). Mildew is not an emergency and you must permit the LL a longer period to correct (up to 30 days). If you have water infiltration, you probably have mold, not mildew. I suggest you have testing done and make the required request to the LL for repairs.
Mildew and mold are the same thing, according to the mold experts I've talked to.
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Old Nov 21st, 2010, 10:38 PM   #26
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Yes you can, however you are going to need serious proof that mold contamination exists at elevated levels in the apartment. Try these two site for Mold Removal, Mold Remediation, Mold Testing, Mold Inspection, Mold Abatement, Mold Cleanup

www.absolutelyspotless.us

www.absolutelyspotlessmold.com
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Old May 10th, 2011, 01:45 PM   #27
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i am in tx..ive been living in my apartment for almost 2 years now and we recently found out we have mold/mildew. i have asked to be moved to another apartment due to the fact that i have an 18 month old that was born at 25 weeks and he has very bad lung and asthma problems. am i able to break the lease without getting charged or it put on my credit, because it is a harzard to my sons well being.
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Old Jul 12th, 2011, 04:59 PM   #28
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FACT
Mold grows a lot more on the east coast!

FACT
Mold can not been seen at all time & the most common type of mold is black mold!

Any case can be won & anyone can win. Don't give up evidence has nothing to do with how great your lawer can be.
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Old Sep 21st, 2011, 02:43 AM   #29
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i live in WI and have had a mold problem in my bathroom for 2 years now. i have kept the bathroom door closed with the vent on at all times. now ive noticed the mold is in one of the bedrooms above the window. and i have and an increase in headaches and breathing problems, also been getting very dizzy. i have an appointment with the health department to test the mold. i don't plan to sue my landlord, but i was just wondering if i am able to legally terminate my lease without paying the termination cost (very expensive) if the mold proves to be harmful?
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Old Oct 7th, 2011, 01:12 AM   #30
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Default Re: Can I break lease/get paid for black mold in my apartment?

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Because deadly mold is much different of an issue than mildew. Mildew is not harmful to anyone unless they have an allergy. (And any allergies you have are your medical condition and have nothing to do with the LL.) An annoying smell is much different than mold spores in the air that can kill you! If you can document that it is harmful mold you have the right to have it repaired as an emergency situation (within a few days). Mildew is not an emergency and you must permit the LL a longer period to correct (up to 30 days). If you have water infiltration, you probably have mold, not mildew. I suggest you have testing done and make the required request to the LL for repairs.
There are several strains of mold. Hundreds to be exact. Several are not toxic, however in excess to the point of contamination they become toxic. In your comment you said mold is not toxic or not harmful to anyone unless they have allergies is UNTRUE. I have no allergies & currently in legal battle with landlord over house contamination. Levels are so high & heavy according to the air quality test done by a Home Environmental Specialist. Example: Aspergillous/Penicillium (common mold in everyone's homes) in air quality testing a clean home will or could register up to 200 hit counts in the air. 200 - 2000 mold formation is excelling & formation base for contamination has started. Anything over 2000 of just this type of common mold is contamination & toxic/harmful to "ANYONE". This is just one type of mold. In my home at present in Kitchen Aspergillous/Penicillium registered a hit count of 8801 - Contamination/unhealthy & harmful! In my daughters room this same common mold registered a hit count of 7742 So YES, ANYONE at these levels common molds can be harmful & toxic. There are 700 different strands of BLACK MOLD. Not all are toxic, however, again if the counts are heavy & high then base typical you have a problem. Stachybotrys is a TOXIC Black Mold. You do not want to find this on any air quality testing at any hit points. Unfortunately, currently in process of suing landlord for many violations of repairs not done or complied with after 3 visits by the Health Dept. Did we have Stachybotrys?? YES in my daughters room & she is only 10 yrs old. HIT point in the air quality test for daughters room alone for this mold was 27!!! Deadly. We have been in and out of the hospital over this. Daughters room is TOXIC & not just with Black Mold. ;-) I hope this helps understand mold better.
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