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


Laundry Room




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/...plaintForm.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