i moved into a mold infested unit. managmnt. wont fix after code enforcement ordered fix. hold rent?

Profile picture for EEMCCORP
wife disabled(M.S.). 1 year old daughter. Fixed income, Can't move immediately.
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August 09 2010 - Montclair
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Answers (6)

Profile picture for asong4lulu
I truly feel for your predicament. I have been ill for five years, have not been able to work, and I had planned on fighting it in court, but this landlord was truly a bully, contacted my distant family members & threatened them, pounded on my doors at all hours, sewed me, my family.
    I was throwing up more than a couple of times a day. I noticed that when I spent the nite at a friend's house, I would feel better. PLEASE don't be stubborn, esp. when it comes to delicate lungs, & tissues of an infant, or small chil, they could have health problems for the rest of their lives!.All these folks are RIGHT! get someone from the CDC/county health department to rest the water, pipes & walls. My landlord had the sewage pipe running out onto the street, would just re-paint. My sinks & toilets would turn black w/in 3 days.BTW: Bleach doesn't work-specific chemicals/gloves/ventilation-even ask your pharmasist where to start, AND DOCUMENT EVERYTHING including all dates ofyour requests, AND U PAY...worry about the rest later. I blew it, and I can barely function on a daily basis. I wish you & yours the very best!
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August 24 2010
I don't know how things work in CA, and I am not an attorney so cannot give legal advice, BUT...in Florida, if you have notified the landlord in writing of issues which need to be addressed, which are covered in your lease as landlord responsibilities, you may withhold rent.

Here's the caveat:  you must go to the court and open an escrow account where the due rent must be paid until the repairs take place--otherwise, the landlord has every right to evict you.

Good luck--and, use bleach and light on the mold!  Those spores can be deadly and your health (especially that baby!) is far more important than anything else!
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August 12 2010
Profile picture for pspalletta
get the hell out of there isn't your health important?its  a no brainer, what school did you go too? its time to look for another place maybe? and don't move in until you inspect it don't be making the same mistake. but file a complaint so this wont happen again without consequences. cheers
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August 11 2010
Profile picture for openup
Local ordinances differ form city to city. If you feel your health is in jeopardy and it could lead to long term health problems. I would vacate the property and worry about the financial consequences later. 

This does not mean you have the legal right to do so, but we all have to make decisions that protect our families regardless of the situation.

I would continue to work with the code enforcement officer that ordered the repair. Many city governments are acting to protect renters rights from unscrupulous landlords.

Your local landlord/Tenant court may be able to offer you some legal advice.
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August 11 2010
Profile picture for Trinidad.Gaeta
Consult with your local tenant advocate organization or www.hud.gov for guidance. Good luck. Get it taken cared of asap, mold could cause severe health issues if exposed for prolong periods of time. 
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August 11 2010
Profile picture for Mr Caveat
consult an attorney for a proper opinion, but generally, you cant live in the home and claim that it is unfit for living, even with providence. either fix it yourself and deduct the repairs or move and sue him for the moving expenses. either way, you'll want photographic evidence of the problem, written evidence of the court order and a statement from the landlord that demonstrates your claims that he is refusing to perform.

staying and paying for the repairs yourself is probably a very risky choice unless you have a 1-2 year lease, leaving and making him pay for it would be my recommendation, especially with mold.

i repeat contact someone who knows the legal obligations of your municipality.
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August 10 2010
 

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