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Landlord not testing mold? please help?

Amanda H asked:


I need to know, i live in an apartment block and there has been a mold problem for 20 years, mold is all over my bedroom, and other tenants rooms. Doesnt he have to get it tested to make sure hes no exposing us to black toxic mold?? Im pregnant and freaking me out, (ps not that easy to find a place) but i need to know LEGALLY if he has to get it tested?

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  1. Rick B
    April 25th, 2009 at 21:57 | #1

    Maybe, but if you are that concerned, then YOU get it tested. Of course if it is, you will be out of your place while they remediate it.

  2. mbrcatz17
    April 27th, 2009 at 03:03 | #2

    No, he doesn’t.

    It’s not toxic black mold, it’s regular black mold. If it was toxic, you’d be in the hospital, and completely unable to live there. If you want confirmation, then YOU can pay to have it tested, but dollars to donuts, it’s going to come back negative for the one you read horror stories about.

  3. bloodhoundgrl
    April 30th, 2009 at 12:19 | #3

    Each state is different but you might start by going to a local library and getting a copy of your state’s Landord-Tenant Act. It should fall under the “repairs” catagory. In the state I’m familiar with it would go like this: notify landlord in writing that you have a mold problem and give him 10 days to do something about it, if no action in ten days, send another notification in writing, this time certified, that if he fails to do anything about it by the time next month’s rent is due that you will have the work performed and deduct it from your rent. This protects you from being legally evicted for doing so. Then, if still no action, do it and use rent money. Have it done by someone licensed, send a copy of receipt to landlord with remainder of rent. Be sure to take pictures and document the issue in case he tries to evict you for non-payment.

  4. mich06mads
    May 1st, 2009 at 10:52 | #4

    Are you on a lease agreement? Check in the conditions of the agreement it should be outlined there. However it is the owners obligation to get someone around to test and fix problems with the building. Mould can be considered dangerous to your health short and long term depending on the type. I suggest you talk to your landlord/property manager with the other tenants. Mention that the owner will have a lot of trouble reletting/selling the apartments with mould all over the roof and it is in their best interest to get a mould treatment and maybe extractor fans installed (if that is the problem it may also be water leaks, overfull gutters, trees too close to gutters etc)

  5. themanwithanswers
    May 4th, 2009 at 04:44 | #5

    Contact the city and ask them. They will guide you.

  6. kansasjenni
    May 4th, 2009 at 05:00 | #6

    Ambient air (air at room temperature) and outside air has mold and mold spores in it, but when you have mold growing in places where you generally do not want it, you may have issues. Mold should be tested to see if it is toxic, however, all mold (all lots of other things) can be toxic at any level depending on the persons sensitivity to it. The mold does not have to be considered toxic or black for you to be allergic to it or have symptoms of allergies to the mold. You child, once born will be coming into the world and should be in a clean environment. Not so clean that it is sterile but cleaner then what it seems you are saying your bedroom is.

    I knew a couple who had just had a baby and they had major mold issues in their home. The baby was sick constantly and displayed many symptoms typical of having allergies. Once they were finally able to move, the baby became well again. However, the body always remembers those allergic symptoms and what to so the child may have continued symptoms of a heightened degree when around mold for the rest of his life.
    Don’t let this scare you, but yes he should not only test the mold to find out what it is but he should fix the problem that is causing the mold and clean the mold. Let me tell you though, once mold is in a wall or board or within the ceiling etc., it is very difficult to get rid of, you can clean it with a solution of bleach and water but you won’t know if it is completely gone behind the wall. Even if a contractor is hired to clean behind the wall, it is not guaranteed to be completely gone.

    Once you have been around a substance for a period of time (individually determined depending on that persons ability to resist illnesses) a person can become sensitized. This means that although you lived in the apartment for 2 years with mold. Suddenly one day you begin to become sick and then you get sicker and sicker. This means you have become sensitized. If you become sensitized you would need to visit your doctor and possibly get some medication. Symptoms do not always last for extend period of times, they can come and go throughout the day. Once you leave the apartment say about 1-2 hours later you may begin to feel better, if you suffer from hives when around mold, you may begin to see them disappear once out of the apartment, this also happened to a friend of mine. She was our mold detector, we sent her into a building the thought may have mold. If she came out with hives it was positive for mold. Although not an official result it told us which buildings to stay out of… LOL.

    So once you have your doctors notice and your medication in your hand, type a letter to your landlord and send it to him through certified mail. It should state something to the effect that “… during the months of ___, ____ __ & ___ there has been mold present at _____ (address & apartment), within the master bedroom (or first room ). I have made you aware of this problem ____ (3) times through verbal/written notification on _(dates), _____, _____. I have requested that you test and/or remove the source of the mold and remove the mold itself. To this date ____, you have failed to respond to my requests. I have notified you that I am gestating and I am concerned for the health of my unborn child due to the presence of the mold. I also have deep concerns that once born, my child may have allergies to the mold in the apartment which may cause the overall health of my child to deteriorate affecting its overall quality of life as well as my right as a mother to enjoy a happy health child. I am also concerned that my child may have to make regular visits to a pediatrician and be required to take medications to relieve the symptoms caused by the mold. The cost of pediatrician visits as well as the added costs of medications may cause a financial hardship on my family and I will be forced to relay the financial responsibility back to you.

    Respectfuly,
    My Name

    Send it to him at least three times, returned receipt so you know he got it, then call your health department and report it. If the mold is a large amount and seems to be growing then there is a moisture source causing the mold and it won’t go away until it is fixed. If you live in a warm environment don’t turn your a/c down to low, keep it around 72 or 73 degrees. There may be a leaky pipe and the land lord will need to fix the pipe then clean the mold then patch any holes and keep an eye on it to ensure it does not reappear. If you like the apartments and want to stay, perhaps he can just move you to another unit, if that is what you want then request that in the letter.

    Not all mold is toxic (as you know) and not everyone becomes sensitized or allergic. But no person on earth can know if or when they will begin to show signs of having become sensitized to something or when they will start showing signs of becoming allergic.

    GOOD LUCK!

  7. Daily Anxiety 2
    May 5th, 2009 at 13:50 | #7

    Legally it depends on the state in which you live in for the landlords responsibility. However if its toxic mold i suggest not waiting for your landlord to act because this stuff is a killer. If you get it tested yourself and its toxic mold stachybotrys then leave absolutely everything behind and get out now!!!! Your landlord will be responsible for compensating you however you will need a lawyer im sure.

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