Mold in my Apartment! Need advice

[v8killah]

On august 1st me and a friend started renting a 2bedroom condo/apart. When we first moved in we noticed a large black area in the laundry room, we knew right away it was mold and contacted the owner as soon as he came back from vacation on the 10th.

now fast forward to sept 09, the owner finally got a contracter in to assess the damage, apparently the problem is much larger than what we could see. Aprox. 30 - 60 000$ worth depending on how much they have to tear down and replace when they start.
So basically the place is not very safe in my eyes to live in and our landlord has given us 1 month to move out.

Now here is where i need some help, as an owner are you not suppose to keep up the place and do a check before you rent it out to new people? Im here with over 500$ worth of bills(elec, sat, internet) and that is set up fees. shouldnt i be reimbursed for all of these bills since he shouldnt even of had us move in.

Plus im getting a nasty cough latly maybe because of the mold, i dont really want to be here anymore but he refuses to take any responsibilty for it because he didnt notice it before. the contracter said its because of a leaking pipe and has been going on for at least a year.

What can i get out of this? Its been a huge pain in the ass and it could have been prevented.

any though or input can be helpful

[88CRXGUY]

Contact the Landlord Tendent Act.

From what I know he can't kick you out within a month, landlords need to give 3 months notice before they can evict you(unless its a criminal matter). Also you could call an inspector in aswell. If the mold is that bad then the inspector can call the house unsafe and give the landlord at list of things that need to be fixed within a certain amount of time. If that isn't met than they can call the house unsafe and no one can live in it.

I don't know why he is kicking you out so quick, maybe he wants to get someone else in that isn't going to complain about it. I think thats part of the reason the last people moved out.

Now when it comes to your utilities, I don't understand that part. How would he be responsible for your bills when you used them. Unless there is an agreement that stats that the utilities are included, then I think your shit out of luck on that.

You could also take legal action against him for kicking you out under 3 months notice. Also the house was unsanitary to live in and its making you sick(go to your doctor and talk to him/her).

I would also suggest you to take some pictures and document everything. You might need this later if anything comes up or you decided to take him/her to court.

Did you give a damage deposit? Did you get a recpit? Was there any type of an agreement written up? Are you under any sort of lease or month to month? When you did a walk through of the house did he/she give a damage report sheet to write down anything if there is something wrong that he didn't get before you moved in? If you didn't do a walkthrough or get a damage sheet or write anything down the landlord can be a dick and say that you caused the damage.

http://www.acjnet.org/docs/landten/guide.html

I found this website about the Landlord tenant act, I hope it helps

[BlackArcher101]

Did you not view the apartment before agreeing to rent it? If so, and you saw the mold, why did you still go along with it?

[88CRXGUY]

PUBLIC HEALTH REQUIREMENTS

The Residential Tenancies Act requires the landlord to ensure that the premises meet at all times the minimum standards required under the Public Health Act for housing. A residential tenancy agreement is frustrated if an order is made under the Public Health Act that closes the premises or declares the property to be unfit to live in, or otherwise makes the tenancy impossible to continue. The tenancy agreement will also be frustrated where the residential property or common areas contravene health and safety laws relating to housing and the condition is not fixed. Frustration of an agreement means that it can no longer be carried and each party can walk away from the agreement. Obligations and liabilities arising from the agreement are dealt with according to the law relating to frustration of contracts.

There are various statutes, regulations, and bylaws that deal with the condition of residential premises. The most significant are the Public Health Act that applies to the whole province, and bylaws made by local authorities that only apply within their jurisdictions. There is some overlap within the various pieces of legislation, but they all need to be considered. Public health laws require building owners to keep housing premises to certain standards at all times, not just at the beginning of a tenancy.

[asuth077]

You should be covered.

If he gives you the run-around contact the customer watch people for Global or CFCN they do quite a few stories about tennants getting screwed over.

[88CRXGUY]

You can make a to make a complaint againest your landlord.

Alberta Government Services

1-877-427-4088 (toll free)

[v8killah]

Thnx 88crx, I dont want to be reimbursed for my bills, just the set-up fees becAUSE i am going to have to pay them all over again in a new place when i shouldnt of even been aloud to move in here.

About the month notice, in our contract it says 1 month notice is needed no more, and they basically have to rip out the laundry room and the kitchen its a massive problem.

The thing that pisses me off the most is this guy is taking no responsibility and offering us no compensasion for anything.

[bspot]

Just be thankful you didn't buy it! Get out of there fast. That shit is no good for your lungs.

[v8killah]

Originally posted by BlackArcher101
Did you not view the apartment before agreeing to rent it? If so, and you saw the mold, why did you still go along with it?

We noticed it after we started moving in, it was beside and behind the dryer.

[88CRXGUY]

Dude I know what your going through..

You noticed it as soon as you moved in, was there anything in writting that you seen that.


A.An owner of a building must keep the building up to certain standards and provide the people that live in the building with sleeping space, hot and cold running water, adequate heat, and sanitary facilities. The standards for the building include items such as keeping windows and outside doors in good repair, making sure there are no pest infestations, providing screens for windows and other ventilation points when insects are prevalent, and keeping the roof and outside cladding in good repair.

If a building owner is not doing any one of these things, or other requirements set out in public health laws, a tenant can complain to a regional health authority. The authority will investigate and decide whether to enforce the law against the building owner.

[v8killah]

Ive been coughing up shit for the past month and im confident its from the mold, Been on antibiotics for awhile but its not getting better, my doctor said it may be because of the mold but he doesnt know.

And i cant just move out immidietly, i just paid this months rent + finding decent place is somewhat difficult right now.

[v8killah]

Originally posted by 88CRXGUY
Dude I know what your going through..

You noticed it as soon as you moved in, was there anything in writting that you seen that.

Nothing in writing, we just waited until he got back from holidays top tell him, then he took his time in getting someone to come and check it out. The contractor said it was pure neglegt on his part and the previous tentant for not noticing such a blatant mold problem.

[88CRXGUY]

Since that the pipe has been leaking for the last year I am thinking that your landlord is too cheap to fix it. Mold doesn't take that long to show up, also it has a really bad smell.

You said that it was black mold right?

Do you happen to know have anyway to get ahold of the contractor that did that, and you could possibly get that in writting that he neglected to fix the problem. He can't really blame the last tenant, at anytime that landlord can come down and check the premisis(needs to give notice before). Even though its probably the last tenants that didn't say anything, the landlord should have checked the whole place over before he re-rented out again.

[v8killah]

In kITCHEN
http://i4.photobucket.com/albums/y102/bossmac/113_0511.jpg

Laundry Room
http://i4.photobucket.com/albums/y102/bossmac/113_0512.jpg

http://i4.photobucket.com/albums/y102/bossmac/113_0513.jpg

Its even worse than that but the smell is so horrible i didnt stay in the room long. The room has a plastic bag sealing it off so its obviously pretty bad.

Is it worth suing?

[eljefe]

The landlord is right in the sense he is telling you to leave the dwelling, whether he is worried about your health or his own ass, he is right , you need to leave while repairs are done and the apartment deemed not to be a health hazzard.

[v8killah]

Obviously even if he didnt ask us to leave we would, but we shouldnt even be in here right now i dont think. I have no choice but to stay, because i have already paid rent and have no where else to go. What am i suppose to do

[88CRXGUY]

Did you even read the post. The landlord is giving him on month evicition.

I am trying to do some more digging and see, I don't think him giving you a months notice is legal. I know in the province of Alberta he needs to give you 3 months, but its hard to say since that you signed.

[88CRXGUY]

Here is the Residential Tenancies Act.

http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm

Consumer Complaint Form

http://governmentservices.gov.ab.ca/consumer/complaints/ComplaintForm.PDF

[v8killah]

yah, even if it is 3 months Its not really possible to stay hgere if its unsafe and half of ur place is ripped apart. All of this inconvienience has to be worth something since it didnt have to happen in the first place you know? or am i part respnsible for searching every nick and cranny of the place before i move in.

[v8killah]

Originally posted by 88CRXGUY
Here is the Residential Tenancies Act.

http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm

Thank you

[88CRXGUY]

Consumer Complaint Form

http://governmentservices.gov.ab.ca/consumer/complaints/ComplaintForm.PDF

[88CRXGUY]

You don't have to search every nick and cranny, but when I was looking at the one picture in the kitchen you can tell by the discoloration under the countor/cubbored. Could you smell the mold when you went into the house?

[88CRXGUY]

Legal Advice
If you need to seek legal advice on a landlord and tenant matter, the Lawyer Referral Service (Law Society of Alberta) at 1-800-661-1095 can provide you with the names of three lawyers who might be able to assist you. Legal advice to qualifying persons may also be available free of charge from a student legal service if you are close to a law school, for example:

Student Legal Services, University of Alberta - 492-2226
Student Legal Assistance, University of Calgary - 220-6637

Legal advice for those with a low income is also available from Calgary Legal Guidance (403-234-9266) in Calgary or Edmonton Centre for Equal Justice (780) 702-1725.

You can also contact Dial-a-Law (operated by Calgary Legal Guidance) at (403)234-9022. Dial-a-Law is telephone service of over 140 tapes providing practical legal information, including tenant issues.

[v8killah]

Thanks alot for all your help i appretiate it.

Part 2 16 (c) that the premises will meet at least the minimum standards prescribed for housing premises under the Public Health Act and regulations.

Right here he has neglected this.

[88CRXGUY]

This should have been done when you moved in.

Inspection report

19(1) A landlord and tenant shall inspect the residential premises within one week before or after a tenant takes possession of the residential premises, and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(2) A landlord and tenant shall inspect the residential premises within one week before or after the tenant gives up possession of the residential premises and the landlord shall, forthwith on completion of the inspection, provide the tenant with a report of the inspection that describes the condition of the premises.

(3) A landlord may complete the inspection without the tenant if the landlord proposes 2 inspections to take place

(a) on different days,

(b) on days that are not holidays, and

(c) between 8 a.m. and 8 p.m.,

and no adult person who falls within the definition of tenant agrees to take part.

(4) For the purposes of subsection (3) the landlord may propose alternative inspection times, with the inspection to take place on the 2nd date and time if it does not proceed on the first date and time.

(5) A report must contain the prescribed statements and be signed in accordance with the regulations.

(6) A landlord shall

(a) keep a copy of an inspection report prepared under this section for at least 3 years after the termination of the tenancy, and

(b) make the inspection report available for inspection by the Director or an authorized person for the purposes of an inspection or investigation under Part 6.

[v8killah]

you cant smell it in the kitchen really and the last thing we looked over was the laundry room, mold was This is our first time moving out so we have alot to learn i guess.

[88CRXGUY]

Yeah I know, when I first moved out when I was 17 I didn't know what I was doing either(I had a mold problem in my first place). I didn't know my rights of being a tenant, but your learning. I know it sucks that its the hardway but if you do happen to encounter this again then you will know what to look for. Everything comes with experience

[v8killah]

Yah it sucks, but i feel like we got screwed over and deserve something. how convinient is it that only a few days after we pay rent the contracters finally come and and say the place is unsafe. I wouldnt have payed this months rent if i knew that.

[88CRXGUY]

You might have to seek legal action to get that money back. I also don't think that you could with hold your rent, wait maybe since that he evicited you and the house is unsanitary to live in.

Did you pay a damage deposit by any chance?

[88CRXGUY]

From what I am thinking yes he/she did. I am trying to find where the Residental Health Acts are, and I can't find them.

My other advice is to get a free consultation to a laywer.

[supra GT]

lets have a look shall we

fist off if your signed a lease your landlord has the responsibilty
of providing you with a place of residence weather it be a mold free house. or a hotel suite until the repairs have taken place.
this is why they have rental insurance.

secondly if you have signed a lease and have paid your rent
you are within your rights as a tennant to residency.
a lease is a contract that a renter and landlord must follow guidelines for and evicting you when you havent breached terms
means that your landlord is making a big mistake and assuming you will take the naive approch by moving.

you need to give your landlord a notice of objection for the eviction notice and request he provide you with suitable living facilitys immediatlly.
living with black mold will kill you if you breath it long enough.

know your rights!!

if you have any question's feel free to post or pm me
i have a lot of exp with slumlords.

if you havent signed a lease you are SOL.

[Toma]

If you are forced to stay cause you got nowhere else to go, spray the shit down with bleach, and then dry it out with a carpet dryer...

Then spray it down with bleach again, and let it dry out.

Mold is NOT as big an issue as everyone makes it sound these days. You can kill it, and it needs moisture. Obviously spores INSIDE a wall cant get you anyway...

I doubt you will get anything out of the landlord in terms of costs, you may be able to take him to court and get your first month back.... BUT you will need a City Health inspection for court.

You can refuse to leave as some dipshits are reccomending you do, but then you have no claim against him in case you develop real health problems.

Call the landlord tenant holtine for real advice, though I seriosuly suspect they will just direct you to the Health guys at the city...

[v8killah]

Yes i rewalize that many molds are not that bad for you, but this may be a very toxic mold as it had prime conditions for it togrow over a long period of time, and the fact that it covers over 10sqfeet means its a clean up that i am not able to do.

i filed a complaint and i am calling a health inspector to come and maybe condem the place. We are also meeting with the landlord tonight so we will see what happens.

What really angers me is this guy buys the condo cash, and its probably not his only property. he then just watching his bank account grow pretty much all profit and doesnt even care about up keeping the place.

[supra GT]

:drama: :bullshit:

dude if you have a leese you got more :guns: than you think:thumbsup:

what the hell do i know though ive only rented 20 places in my life
and went through the landlord tennant route 1/2 a dozen times.
tennants have more rights than landlords.
dont sit at the table and eat the shit sandwich that the landlord envited you over for.

know your rights :whipped:

[supra GT]

Originally posted by Toma
If you are forced to stay cause you got nowhere else to go, spray the shit down with bleach, and then dry it out with a carpet dryer...

Then spray it down with bleach again, and let it dry out.

Mold is NOT as big an issue as everyone makes it sound these days. You can kill it, and it needs moisture. Obviously spores INSIDE a wall cant get you anyway...

I doubt you will get anything out of the landlord in terms of costs, you may be able to take him to court and get your first month back.... BUT you will need a City Health inspection for court.

You can refuse to leave as some dipshits are reccomending you do, but then you have no claim against him in case you develop real health problems.

Call the landlord tenant holtine for real advice, though I seriosuly suspect they will just direct you to the Health guys at the city...


if you enjoy your health i would advise you not listen to DR DEATH

read this

http://moldtestkit.com/blackmold.html

[Dayclone]

Dude... How long have you've been living with that mold?

Cause it's not a good idea and you can sue because your health is at risk. Mold can cause you to live a shorter life span and be bald at like 30.... my buddy had a similar problem and he sued the builders who built his house since insurance couldn't cover it due to serveral reasons. So if you can win a lawsuit go for it because someone has to be responsible for your health and for causing you to live in a hazardous place is not good at all but that decisions is up to you and to take up with your lawyer or the proper authority.

Steve

[88CRXGUY]

Him and a friend moved in to the house a month ago.

Toma have you ever been around diffeent types of mold, black or green(its all serious if not cleaned up quickely). Green mold isn't as bad as black, but it can be toxic to your health. Yeah you can use bleach and clean the mold in the basboards and the outside, but really it isn't going to do anything. Just because you can't see it doesn't mean you can't smell it. With the pipe continuing to leak within a matter of days or even weeks the mold is going to return. The mold is still in the wall, in the drywall, in the fiberglass, the foamie shit under your floor(can't remember the name of it). You are going to be breathing the shit in reguardless of how much you clean. With the mold being in there for so long you should be wearing faces protection gear with filters that can save you from sum of the toxics that are in the air.

To other beyonders on the board, this is the first time that these two people have been out on their own. They don't know anything about the landlord tenant act, health regulations. They are going to know now from this problem. So for you guys that keep on saying "KNOW YOUR RIGHTS", they are starting to know their rights rignt now. Its shitty that they are learning the hardway, but thats life.

[88CRXGUY]

These are some symtptoms you can get for being around and inhaling the mold.

Black Mold
Mold = Nasal Congestion
Mold = Irritation of the eyes
Mold = Inflammation of the sinuses
Mold = Irritation of the skin
Mold = Breathlessness
Mold = Headache
Mold = Runny nose
Mold = Fatigue
Mold = Cough
Mold = Sore throat
Mold = Hoarseness
Mold = Inflammation of the ear
Mold = Bleeding Lungs
Mold = Nose Bleeds
Mold = Memory Loss
Mold = Arthralgia ( Pain in the joints without swelling ).

Infomation about toxic Mold

http://www.toxic-mold-news.com/toxic_mold/mold.html

So Toma do you think that mold is a issue now? From what I've found & what I know, it seems like a huge issue. I think that maybe you should do some research, and know what your talking about before you post.

[Nitron88]

If you believe the place caused your pain and suffering, you can probably take them to small claims court and get a reimbursement for the cost of rent as well as p & s. It may costs you to start up a file to initiate the suing process though.