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Renting and mold legal guidance?

Renting and mold legal guidance?

Postby chiram97 » Fri Feb 24, 2012 6:42 pm

Is there a lawyer knowledgable in landlord tenant laws on answers? The actual question is in the 3rd paragraph. Here's background info: State: VA Situation: A few months ago, we reported to our property manager that there was mold growing in small areas all over the house on the ceiling. Black mold. We also reported green mold in one of the kitchen cupboards. They had a contractor out who sprayed the mold with a chemical I don't remember. It wasn't bleach, but it was suppose to "kill the mold and possibly prevent its return."

A couple months later, you guessed it, the mold is back, and getting worse by the day. We alerted the property manager and a few days later, the contractor was out again. This time, he looked in the crawl space under the house and the crawl space above the house. He found next to no insulation in the attic and a pipe that had a huge leak under the house. They plan on painting over the mold in the cabinet(yes, that came back) with a mold killing paint. I read on blackmold.awardspace that that should kill of the mold because the wooden cabinet was painted before the mold grew(as far as we know), so painting over it with a paint that seals of oxygen will kill the green mold.

I've gone through our lease and repairs and maintenance(although mold is never mentioned) is covered by the realty company.

That's just fine, but my current issue is this: The property manager(claims to have 15 years of being a house inspector experience) has instructed us(the tenants) to use a 20% bleach and water mixture to clean the black mold on the ceiling. 1. As the mold was not caused my tenant negligence, it is not our responsibility to clean the mold right? I estimate this would take us at least 3 hours and we don't have a way to reach the ceiling(chairs aren't tall enough, don't own a ladder). I know if we go buy a ladder and take the receipt to the manager, we'll get reimbursed, but am I also correct in thinking that we are owed compensation for the time if we decided to take it upon ourselves to do the job? I read on http://realestate.msn.com/article.aspx?cp-documentid=22462661 about a tenant who was paid minimum wage for doing his dishes because his dishwasher was broken and the landlord didn't want it fixed. 2. Anyone know this case so I can reference it? 3. Know a tenant union or housing authority near Hampton Roads? 4. Any other advice?

Sorry for the long read and thanks for your time.
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Renting and mold legal guidance?

Postby trucker » Fri Feb 24, 2012 6:46 pm

I am not a lawyer. But not an idiot either.

"black mold" would not grow on your ceiling. It requires raw, untreated wood, dampness and COMPLETE darkness.

Normally basic instructions on how to clean a house are not included in a lease. 1% bleach is enough to kill both mold and mildew (you have mildew). You are right, you do not have to clean this if you do not want to, however, unless maid service is part of your lease no one else will clean it either.

And no, the apartment will not reimburse you for a ladder. If you want a ladder you buy a ladder. Who doesn't have a ladder?

You are not legally entitled to pay for cleaning your own house. I have never heard of a case where you were paid for basic cleaning, even that article you reference does not talk about cleaning, it talks about a dishwasher in the contract. If your contract states that the landlord cleans your apartment then yes, you could enforce that. If has to be in the contract though.
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Renting and mold legal guidance?

Postby jorian23 » Fri Feb 24, 2012 6:48 pm

As usual, Landlord is pretty much spot on.

Ladder, no way you'd be reimbursed.

The dishwasher situation might make sense, but that had to be an agreement entered into freely by both parties; good luck on getting your landlord to agree to that.

Here is what you can try. Call a mold remediation contractor and ask them to come out and give you a quote. If you tell them the situation, they won't help at all. You'll want to get an estimate for the remediation, hopefully citing harmful conditions caused by the mold. Then, you can send this to the landlord with a letter (send it certified), with a note requesting that the dangerous situation be resolved in a timely fashion. If that doesn't get them moving, try a lawyer.

Honestly though, your landlord is pretty much doing the right thing.
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Renting and mold legal guidance?

Postby caelin » Fri Feb 24, 2012 6:53 pm

Black mold cannot grow in UVA or UVB light.

What you are talking about is green mold... (looks black because it is so dark).

It is NOT dangerous. It is NOT a health issue.

If you don't believe us.. call you local board of health and report it. They will do nothing. They probably won't even take the report. WHY? Because it is NOT A HEALTH issue.

So.. wipe it down with a 50/50 mix of water and bleach to get rid of it. (stand on a chair)
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Renting and mold legal guidance?

Postby akule76 » Fri Feb 24, 2012 7:00 pm

It depends on the cause of the mold. Mold will grow on the ceiling when moisture is introduced from above...like from a leaking pipe. Is the ceiling beneath a bathroom or kitchen? Or is it beneath the roof? If so, then the leak from the pipe or roof needs to be fixed first.

Depending on your lease, the landlord would need to fix the leak and repair the damage. Mold doesn't grow without moisture and moisture in a home isn't normal.

Regardless, if it IS your responsibility to either clean or repair, then you don't get compensated for your time.
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