Serious mold issues - I called the health department, AZ

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Old May 31st, 2010, 01:33 AM   #1
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Angry Serious mold issues - I called the health department, AZ

I live in Arizona in a loft that I've rented for the past 2 years. In February, I noticed my bathtub was leaking (all over the bathroom and outside into the hall), so I called my landlord to have it fixed. When the guy came in March to fix it, there was mold growing in the carpet outside of the bathroom. He said he would have a carpet professional come deal with it. A couple days later the carpet guys called, but I missed the call, so I called back and left a message ASAP. The next week I called again. Still nothing. I put up a baby gate on the stairs so that my dogs couldn't get near the mold, and I resorted to sleeping on my couch so I wouldn't be near it either. By May, there was still no action taken, so I found a new place to move into (though I can't move in for another 2 months). I called the landlord to basically yell at them, and they said they had no record of me ever calling to have the mold dealt with. At that point I called the health department, but for some reason, they wouldn't file a complaint about the mold-though they filed a complaint about a broken ac/heater that broke around the same time and still wasn't fixed. I work out everyday, yet recently I seem to be out of breath walking to the kitchen or walking up a single flight of stairs. What legal options do I have? I assume this is from the mold I have been living in since March now...Thankfully my dogs aren't showing symptoms, but I'm still 2 weeks from moving, so I'm terrified for them.
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Old May 31st, 2010, 08:15 AM   #2
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Default Re: Serious mold issues - I called the health department, AZ

I wish to inform you that you must file a written complaint with the Arizona Department of Health Services (ADHS) and your landlord stating about the mold in your premises and the health hazard due to it. According to ADHS, bleach and water must be used to clean the area with mold. All material which has moldy residues must be cleared. While cleaning, all precautions pertaining to health must be taken. You may also consult a professional service about the mold. Mold can lead to a person feeling out of breath. You may consult your doctor in the matter. If the landlord and ADHS do not take any action, you can study your lease contract about the clause pertaining to mold or other health hazards and it will guide your actions in the matter. If the landlord does not resolve the matter, you may file a lawsuit. You can submit all the facts to the court and the court will decide the matter.

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Old May 31st, 2010, 01:46 PM   #3
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Default Re: Serious mold issues - I called the health department, AZ

I doubt a lawsuit will go anywhere. You only called to have repair. You didn't document this in any way so I doubt you have any proof until you called the inspector (and then he didn't document it either). You should have done this in writing with a certified return receipt letter so you would have proof the LL received the request. Now you have no proof of any kind of mold in the unit. If the lease was not up, expect a fight to get that deposit back. You may have a hard time convincing a court that there is mold (photos can't prove mold as mildew can look exactly the same in a picture).
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