OT:Advice, please?

[Jana®]

Okay, so we got approved for a new apartment today, move in date May 1st. My current apartment complex requires a 60 day notice of move out, per my lease, but I can't give them that. Ordinarily, I would wait the two months, but our situation is unique. The reason we had to look for a new apartment is because ever since we moved into this apartment, both my mom and I have been sick. I have asthma, and it's been very bad in this apartment. I can't even spend a lot of time in my living room because if I do, I can't breathe. My mom has the same issue. She has Asthma, and just recently diagnosed with COPD. It has gotten progressively worse since we have had this apartment last August, and so has my asthma. Not long after we moved in, we discovered mold growing on the baseboard in the downstairs bathroom. I called the office and Maintenance came out and sprayed KILZ on it. It went away for awhile and then came back. I called back a few times, and they haven't done anything about it. Also, we have had a sewer pipe in the basement leaking since we moved in, and they just barely got it fixed a few weeks ago. We had a city inspection last November and we failed because of the leaking sewer pipe, plus the basement light fixture was hanging by one screw and none of the smoke detectors worked. They just barely got them fixed a few weeks ago also. Now the apartment manager is insisting on a two months notice, but for my own health and my mom's, we can't do that. I told the property manager that I better not get charged for breaking my lease because we have been inconvenienced. she said she was sending a contractor to look at the mold and that I am still breaking my lease. My next step is to call the housing authority. Do I have a leg to stand on here? Do I have a right to get out of my lease without breaking it due to the mold problem? If so, who do I talk to? This is ridiculous.

[Crushaholic]

Do you have a local Housing Authority? Not only would I ignore their cries of breaking the lease, I would try to get them shut down.

[Los Broncos]

Okay, so we got approved for a new apartment today, move in date May 1st. My current apartment complex requires a 60 day notice of move out, per my lease, but I can't give them that. Ordinarily, I would wait the two months, but our situation is unique. The reason we had to look for a new apartment is because ever since we moved into this apartment, both my mom and I have been sick. I have asthma, and it's been very bad in this apartment. I can't even spend a lot of time in my living room because if I do, I can't breathe. My mom has the same issue. She has Asthma, and just recently diagnosed with COPD. It has gotten progressively worse since we have had this apartment last August, and so has my asthma. Not long after we moved in, we discovered mold growing on the baseboard in the downstairs bathroom. I called the office and Maintenance came out and sprayed KILZ on it. It went away for awhile and then came back. I called back a few times, and they haven't done anything about it. Also, we have had a sewer pipe in the basement leaking since we moved in, and they just barely got it fixed a few weeks ago. We had a city inspection last November and we failed because of the leaking sewer pipe, plus the basement light fixture was hanging by one screw and none of the smoke detectors worked. They just barely got them fixed a few weeks ago also. Now the apartment manager is insisting on a two months notice, but for my own health and my mom's, we can't do that. I told the property manager that I better not get charged for breaking my lease because we have been inconvenienced. she said she was sending a contractor to look at the mold and that I am still breaking my lease. My next step is to call the housing authority. Do I have a leg to stand on here? Do I have a right to get out of my lease without breaking it due to the mold problem? If so, who do I talk to? This is ridiculous.


Ive lived in an a apartment for a long time, but im not sure of the legal issues if you just up and bail out. But if your health is in danger, what choice do you really have? Check this link out. http://ohmyapt.apartmentratings.com/how-to-break-a-lease.html

[cbs1177]

Keep all ya medical records and any receipts that you have from trying to deal with it yourself. The worst that can happen is that he holds your deposit. I would take as many pictures as you can to document your case. Also calling the housing authority will only help you. write down key dates so to keep it straight. When did you first contact your properity manager about the mold problem because I believe you have to give him reasonable time to fix the problem. how long was your lease for? If you signed a year lease and it is over a year you are basically a month to month leasee. It is very unlikely he is going to go after you for 60 days of rent. He probably will keep your deposit. It all depends how much you want to fight to get your deposit back. If you do fight I would do all the above mention above: pictures, timeline, recipts and medical records.

[Billy Clyde Puckett]

Keep all ya medical records and any receipts that you have from trying to deal with it yourself. The worst that can happen is that he holds your deposit. I would take as many pictures as you can to document your case. Also calling the housing authority will only help you. write down key dates so to keep it straight. When did you first contact your properity manager about the mold problem because I believe you have to give him reasonable time to fix the problem. how long was your lease for? If you signed a year lease and it is over a year you are basically a month to month leasee. It is very unlikely he is going to go after you for 60 days of rent. He probably will keep your deposit. It all depends how much you want to fight to get your deposit back. If you do fight I would do all the above mention above: pictures, timeline, recipts and medical records.

You can use all of that evidence in Small Claims Court to get your deposit back. Pretty easy. They probably won't even show up.

[cbs1177]

Do you have a local Housing Authority? Not only would I ignore their cries of breaking the lease, I would try to get them shut down.

I agree b/c you dont' want another family to move into this situation b/c they might have small children or something. You could fight it based on moral principles even if you don't win b/c of not wanting someone else to have to go thru what you went thru. Then you keep that person tied up with time and effort of the government stepping in. I am sure he doesn't want the government to look closely at all his properties.

[Tredici]

Document everything. Including medical appointments. Write on a calandar -as close as you can the dates you called to report problems. To the best of your knowledge note on the calendar the length of time between reporting the issue and getting resolution. If you took any pictures of the deficient areas that would be an enormous help. If they threaten you with additional rent or the withholding of your security deposit, tell them you will make a date with small claims court.

And check with the Housing Authority. In some states they cannot use the security towards unpaid rent. It is specifically for damage or loss replacement.

Know what your rights are and have everything in order. The next time you talk to the Agent, let them know you are prepared to stand your ground.

My experience with small claims is whoever has the most documentation wins.

Or you can do what my brother in law did when he had a mold problem. Called in a State Inspector for the ENTIRE BUILDING. Just losing 30 days of your rent is nothing compared to the hit that will more likely generate....

[BMF Bronco]

burn the ****er down.

[Jana®]

Thank you all for your advice! I don't have anything written down, damnit. I wish I had! I do have pictures, however. I am going to try to remember dates of when I called to have the problem fixed. My mom has all of her medical documentation, and the hospital papers for when she spent a week in the hospital. My lease is a year lease, due to be up at the end of July. I'm not worried about getting money out of these guys, I just don't want to owe more money and I don't want this going on my credit. I will definitely call the housing authority. AND the EPA to come check it out.

[footstepsfrom#27]

In addition to the documentation, run some Google scans to see if you can locate prior complaints against the management company or ownership in case they own/manage other complexes. There are websites where people register complaints. You may be suprised to find multiple complaints against this same mangement/ownership both with your current complex or with others. Search for tennents that did complain and get their stories and documentation, if any. I did this for a friend down here a few months ago and turned up 37 complaints against the same ownership for the same problems they were having. A phone call was all it took to get them to back off.

Good luck...

[Needa Pass Rush]

Thank you all for your advice! I don't have anything written down, damnit. I wish I had! I do have pictures, however. I am going to try to remember dates of when I called to have the problem fixed. My mom has all of her medical documentation, and the hospital papers for when she spent a week in the hospital. My lease is a year lease, due to be up at the end of July. I'm not worried about getting money out of these guys, I just don't want to owe more money and I don't want this going on my credit. I will definitely call the housing authority. AND the EPA to come check it out.


You mentioned in your previous post that you "called" in the various problems to the manager. Check your phone records. That can often be done online.

[Jana®]

Really? How?

[Needa Pass Rush]

Go to the website of the carrier for the device you used to place the call(s) to the property manager. If they don't allow you to access your phone logs there get the customer service number while online and call them to inquire what it takes to get the call records for the time period required to document your timeline.

[Dr. Broncenstein]

Here's my advice:

Don't live in an apartment.

[Jana®]

Can't afford a house.

[Sassy]

Is this the same apt. that you had plumbing problems and no water?
If you have records of any of this...you shouldn't have a problem...I would think all of that is unsafe living conditions...for anyone!

[Jana®]

Is this the same apt. that you had plumbing problems and no water?
If you have records of any of this...you shouldn't have a problem...I would think all of that is unsafe living conditions...for anyone!

The one and the same..

[Sassy]

Do you have records of that ?

[Jana®]

I've called the plumbing problems in since I moved in, numerous times. That finally got fixed. (Except for the new leak in the shower that I haven't bothered to call in) I have no documentation of the time they turned the water off in my apartment for over 24 hours and didn't offer me keys to another apartment, but I can write all of that down. I know the dates on that.

[Sassy]

Check your phonecalls!~and take pics!
I don't think you would have a problem.

[Bronco_Beerslug]

All good advice (written documentation) and let the manager know (subtly) that Tom Martino is your cousin.

[Jana®]

I took pics of the mold, AND of the drywall mess, and of the light fixture that was hanging by one screw. My apartment manager came out today with restoration company and they stuck this needle like thing in the wall and detected no moisture.. so they say there is no mold. Okay, so what is the thin black line that keeps reappearing in the crack of the baseboard, even after it was KILZ'ed once and sprayed bleach on twice? All three times, it went away and came right back.

[Jana®]

Hilarious! All good advice (written documentation) and let the manager know (subtly) that Tom Martino is your cousin.Hilarious!

[Sassy]

Wasn't your ceiling leaking? Wasn't that why they turned the water off...if so, you can tell me that that didn't get wet ???

What about an allergy note from your doctor?

[Moon§hiner]

Kilz hides stains in drywall...it doesn't kill mildew or mold..I'd challange the manager on that in a moment.....if you have documented half of what you have described, I'd contact building authority, show them documentation and inform the manager that you dare him to deny your deposit back....granted it's only a dare and if you wish to pursue it, it's going to cost you a lot more in attorneys fees to recover. Small claims courts sucks when it comes to anything under 1500 dollars..I wish you luck!

[Spider]

flip em the bird on the way out of the door , but before you do put everything you and mom are going through in witting send it to the apartment complex via certified letter ............

[Jana®]

flip em the bird on the way out of the door , but before you do put everything you and mom are going through in witting send it to the apartment complex via certified letter ............

I'll moon em too!

[maven]

Have fun paying rent on two apartment units.

[Crushaholic]

I'll moon em too!
It's official...

:worthless

[ak1971]

kill my landlord....c i l l my landlord

[clarkster]

tough one. sounds like a slum lord. do these people own the complex or are they jsut property managers? Id get the owners on the phone. let them know, they may not, and not a day goes by where i dont see it on the news. any threat of that may fix the problem. id also contact the housing folks. when it all comes down to it, you may just have to walk away and eat it, but its better than jeopardizing your health any further.