Standing water and Mold

[vmhoward]

Ok it has been about a year now that we have had this leak in my sons bedroom ceiling and in the window sill. so much so that the ceiling is bumpy with water damage and the drywall all around the window is all breaking apart and moldy underneith. It smells in there so bad that I have to keep a fan on all the time to keep it dry. Well they finally fixed the leak in the roof about 2 months ago, but the walls and ceiling etc are still bad with mold/water damage and falling apart! They just will not fix it!

Then last week our furnace leaked all over the floor at the bottom of the stairs. causing the hard wood to buckle and remove itself from the baseboards. the floor has black mold and looks like it will just break off if you pull on it. I called it in the the work order desk and still have not heard when they will fix this. Yesterday the maintenence man came to my neighbors house and I pulled him in to look at the mold issue, and he said he would put another work order in. Still nothing! I also emailed the management and informed them about the mold and the standing water in the vents and walls. Told them about PA. and how it could be really bad for Garran. we have been very lucky so far and he has only grown PA once and we were able to kill it with Tobi and Gentamiacin. But I do not want him to come in contact with it again. I was very harsh with them and told them that they could either come out and fix the mold issue or move us somewhere that doesnt have the problem.

What do you think? is there anything else I can do?

 

[Chaggie]

Check your lease for how long they have to respond issues
maintenance issues, that will give you ammunition if they don't fix
it right away again.  Other than that you've done just about
everything you can do without escalating it further.

 

[julie]

Victoria, what state do you live in, I want to look up some stuff for you.

#1, Water leaks are a 24 hour repair order, NO MORE than 24 hours (same as electricity being out, it can be damaging to life).

#2, Take your letters PERSONALLY to the office in addition to emailing them (or mail them certified mail). THis way, if you ever have to prove you notified them, you have all the proof in the world (can you tell I've been here <img src="i/expressions/face-icon-small-smile.gif" border="0">)

#3, They have to make what is called a "reasonable accomodation" for someone with a disability. You may not consider Garran's CF a disability, but for all intent and purpose in this situation, it is. THerefore, make sure you have told them IN WRITING that he has CF with lung involvement and standing/stagnant water and especially mold growth can cause him severe, irrepreable, irreversible damage and shorten his life (a little dramatic but it will get their attention). If they do not fix it (make a reasonable accomodation), OR at this point, from the many different areas of damage you are explaining, if they don't move you to another apartment, you CAN break your lease. Although I would first consult the Landlord Tenant law in your state. Just to make sure you've given them the allowable time required and given them the proper notice.

#4. TAKE PICTURES!!!!!!!! I'm surprised at how many don't do this when they have situations like this. And take one picture with a person in it, and one without, so you can help substantiate the location.

#5. If you do end up having to move because they don't make the accomodation or they are dragging their feet, they I would honestly consider taking them to small claims court. You will still have to clean the apartment to get your deposit back, so make sure you take pictures of that too. But they can't hold you accountable for rent and such if you requested a reasonable accomodation and they didn't deliver-based on the timeline required in your particular state. You can sue them in small claims court not only for rent that you paid (but lets say you moved out 1/2 way through the month), but also for your deposit back if they refuse to give it to you (many states allow your deposit x2 if your landlord "unlawfully and intentionally witheld it for no justifiable reason" ) AND costs of moving because they refused to provide a reasonable accomodation.

Hope this helps

 

[vmhoward]

Julie,

Do any of the Landlord Laws apply to Military Housing? Because we live on post. The housing is now privately managed but we still live on the installation. Just curious. we live in Fort Eustis, Virginia by the way.

 

[julie]

I can't say 100% yes, but I am pretty sure they do. If I were you, I'd look up the legal department for where you guys are stationed and ask them just out of the blue, "does the landlord tenant law apply to base housing too?". I'm pretty sure it does. If I were working right now I'd just walk over to my legal office and ask but I'm getting ready to run out the door to a 5 hour baby appt (yeahh me-poor mark <img src="i/expressions/face-icon-small-smile.gif" border="0">). Just give a call and say you are just asking a general question. I'm pretty sure it DOES apply though!

 

[julie]

Here are some other resources to start with:

<b>http://www.vdacs.virginia.gov/consumers/f-landlord.html</b>
<i>Q: My landlord refuses to repair anything. What can I do to get things repaired?

Serious repair issues, such as faulty electrical wiring, gas leaks, and structural damage may be violations of the local building code which should be brought to the attention of the Building Inspection office for your city or county. The Building Inspector may inspect your building, and if warranted, issue a citation to the landlord for any violations that require repairs. Section 55-248.13 of the VRLTA outlines the duties and responsibilities of the landlord to maintain the rental property.

For issues not involving safety, you should advise the landlord in writing of the specific items needing repair. The letter should state that the landlord has 21 days from the date of receipt to make the repairs. You should consider sending the letter via certified mail so the delivery date is noted. If repairs are still not made, the tenant may place the rent in an escrow account with the General District Court having jurisdiction in that locality. This action is detailed in Section 55-248.27 of the VRLTA. </i> (if you go to the above website, you can click on the "section.....blah blah blah" and it gives more information.

<b>The page numbers I'm using below are the acorbat reader numbers (i.e. 11 of 37), NOT the actual page numbers on the document iteslf. </b>
-I don't see that "miltiary housing" falls into the exemption category outlined in the Virginia Landlord tenant Act. (see page 10 of 37 in the link below).
-See also page 16 (specifically #4, maintain in good working order the plumbing, if there is a leak, clearly this is not being done)
-See page 16 #5
-See page 18, Security deposits (in case you move out, familiarize yourself with how long they have to return your deposit to you-if you paid a deposit, not sure if you have to as I've never lived in miitary housing)
-See page 23, non compliance by landlord, it lists your remedies of what you can do
-See page 36, retailatory action. Ensure you are not a victim of such actions if you provide them notice to fix repairs and they do not.

Here's the link to the PDF file, it's the landlord tenant law for virginia:
<b>http://www.dhcd.virginia.gov/Forms/Landlord/landlord-tenanthandbook.pdf</b>

This above website also has resources you can call and ask if military housing is covered under this law (in case the base legal office is no help to you)

Let me know if you need more info.

 

[anonymous]

You seem to have gotten really good advice already, I just wanted to see if this helps. I had a mold prob in the bathroom a little while ago. I called the CF center because I was concerned, my son has had quite a cough for months. They told me if the landlord didn't clean up the prob immediately thay would be happy to send a letter stating the importance of cleaning it up quickly and explaining how it could affect him. They would also let him know that they would call the Health Dept. on him if necessary. Thankfully it never came to that, but I thought maybe your clinic could help you out.

 

[Landy]

I would see what guidelines the County Health Department has in place for rental properties and report your land lord if there are violations.
It may sound like a drastic measure, but your son's health is at risk here.