Landlords Stink!

[Blazey]

My wife and I rent the upstairs of a house. The bathroom has NO TILE. It is wallpaper over sheetrock. Not greenboard, plain sheetrock. After 50 years, the sheetrock and wallpaper rotted. We've only lived there for 1 year. So I pulled out the rotten sheetrock and put up tarps until I can get the money for tile. Well, 1 week later, the downstairs ceiling fell down. They are blaming ME and the 1 WEEK OF NO SHEETROCK instead of the 50 years of water damage!

My wife has asthma and the MOLD from the rotten crap was making her sick so I HAD TO TAKE IT DOWN!

Well, they are planning to sue me for repairs AND EVICT US. Our baby is due in May and we have NOTHING SAVED FOR A NEW PLACE!

Ok, end of rant.

[Doramius]

Depends on how much you're paying for rent. you might be able to get a house. A lot of people think they can't get one, but are amazingly surprised.

If you asked your landlord or told him about the situation in which you needed to remove the sheetrock, then you might have an advantage in your corner. You can also take pictures and have them used for court purposes if it comes to that point. Aside from the point, you should always have something saved (even though it seems virtually impossible these days). Landlords are not allowed to place any litigation against someone due to a pre-existing condition. However, if you didn't notify the landlord of what was happening, then they can come against you stating that they knew of the problem, but you did something on your own and that allowed more water to come in and ruin their ceiling before they had a chance to fix the problem.

When renting, notify the landlord of everything major that's wrong, even if you can fix it yourself. Let them know what the problem is and tell them that you have the ability to fix it yourself. Get a diffinite okay from them it they say it's okay. And let them know exactly what you are doing. Anything you do, keep the receipts as they can be used to reduce your rent. You spent $20 on sheetrock should give you $20 less on the next rent. You paid above that month's rent because the landlord is supposed to have fixed the item. But again, make sure you square that away with the landlord first.

Take the pictures right away though. Good clear ones, and have a date and other recognizable items of the room to show that it is in fact that room at that time. If there's a sink next to it, get a distant picture of the space with the sink and then get some close up views.

If you let the landlord know of these things and he did nothing, then you've got a strong case especially with a medical reaction of asthma to mold. If he can't fix it, then you have the right to leave a contract without incurring any penalties because of health risks. If it's mentioned, then the landlord cannot allow anyone else to rent without correcting the problems first.

My father's a landlord in Upstate NY. Kind of a retirement job for him. I used to manage them when he was out of town. I helped clean & rebuild areas when tenants moved out. I served as witness in court. And I've served evictions and/or summons notices to tenants for him.

- Side story -
My father was sued by a tenant for breaking his hand on a wall. My dad and I replaced the wall 2 weeks after they moved in because the guy said he was trying to hang a picture and the hammer went through. We replaced the original 5/8 wall with 3/4 sheetrock. The same wall ended up with a hole the size of a body 1 month after that. The guy said he tripped and fell into the wall. My dad replaced the whole wall with 3/8 plywood and covered with 3/8 drywall. 3 weeks later the gy breaks his hand. He told the court that he broke his hand on the wall swatting for a fly. My dad showed pictures of the different replacements, and the receipts for the materials. I was there as a witness who helped replace the wall and saw the holes. The tenant said that my dad can't make that hard of a wall. The judge laughed and said, "Though you won't admit to it, it looks like you were trying to punch the wall for whatever reason. Noticing the pattern of destruction, the defendant decided to make the wall more sturdy giving you the benefit of the doubt that the incidents were purely accidental. Your claims are denied and you will be responsible for paying back material costs and I am granting the defendant his counter claim, and allowing him to evict you from his premisis within 72 hours. It is also within the landlords rights to reinforce a wall within the proper local zoning guidelines. His insurance is not required to cover medical injuries to which you've inflicted yourself. It is meant for accidental liablility."

There was more, and the judge went off on the tenant. I practically laughed when at one point the judge called the guy an incompetent renter.

[flaninacupboard]

When you rent a house, it's not your house. don't **** around with it, it's not yours.

[Cobra]

I mess about with my house, and the landlord is cool with it. He was a builder to begin with, and respects it when I do something to fix/improve the house. He's a good, honest bloke who isn't worried about turning up with his toolbox to sort something out for us within an hour of knowing about it. We're students too - this isn't a classy or expensive place.

Not all landlords are bad. You've just got one who is. I'd say to take it to court and contest it - by the sounds of things, your landlord doesn't have a leg to stand on. Having heard what you have said, I would be siding with you.

Whatever happens, good luck! Congratulations in advance, too - is this your first child?

Cobra

[ZAPPER]

Ooooh! Black mold! Those words could ba as good as gold for you. And your wife is having breathing trouble because of it? Cha-Ching! Get samples. Get photos. Get a greedy ass lawyer and have your way with the landlord!

Seriously, Don't **** around asking questions here. Go talk to a lawyer! I hate the fact that he will get 40% of anything that you take before taxes but he will know who to get in touch with and what you can expect. Mold has become the next Aspestos and there is some serious shit going down about it. If your wife is having trouble with it you really should get away from it. Live with freinds or family for a couple of months to get back on your feet if you have to.

[adam]

Definitely get a lawyer. You basically shot yourself in the foot trying to do the repairs yourself, but New York (I assume this is your location) has very comprehensive landlord/tenant statutes (slumlord statutes) so its likely your landlord did violate some of these and if there really is mold there then it sounds like he breached the implied warrantly of habitability so you should be able to get all of your rent payments back. You may also have a DTPA claim if its not preempted by leasehold statutes in your area. This stuff is pretty complex so don't do it pro se. Get a lawyer on contingency and get this taken care of before you are evicted or you may not be able to afford to do it later.

[zzyzzx]

Let me see if I can understand you correctly. You can afford a kid, but can't afford a house? Is there something I am missing here?




Anyway, if mold is a problem for you then see a lawyer. And lack of a downpayment or income isn't keeping anyone from buying a house these days; they give a mortgage to anyone even if you clearly can't afford the place.

[Doramius]

I've dealt with a lot of NY laws regarding tenants and landlords. I'm sure you could win a strong case, but be prepared that if you removed the wall before letting the landlord know about it, then there might be a small counter-suit the landlord can press against you. You'll most likely come out on top regardless, but it may mean the difference between getting all your rents & deposits reimbursed to you, your court costs completely paid, and minor medical costs paid OR losing your deposits and possibly rents for wall replacement. You're not liable for any cleaning or sanitation of the apartment due to the mold, but they may have the ability to keep the cost of drywall, putty, wall paper, etc.

[Blazey]

Let me see if I can understand you correctly. You can afford a kid, but can't afford a house? Is there something I am missing here?




Anyway, if mold is a problem for you then see a lawyer. And lack of a downpayment or income isn't keeping anyone from buying a house these days; they give a mortgage to anyone even if you clearly can't afford the place.

Afford a kid or it is a happy accident?? LOL!

At any rate, thanks for all your ideas. Truth be told I don't want to sue ANYONE or get any money in an ill gotten way. I spoke to the landlord, and he agreed the place was a dump and said if I DIDN'T sue him (my reaction to his BS lawsuit bacause we have hospital documents to prove the mold was making Jen sick) he would forget about it and go through his insurance. The plumber also agreed it was NOT MY FAULT!

[SLICK RICK]

Afford a kid or it is a happy accident?? LOL!

At any rate, thanks for all your ideas. Truth be told I don't want to sue ANYONE or get any money in an ill gotten way. I spoke to the landlord, and he agreed the place was a dump and said if I DIDN'T sue him (my reaction to his BS lawsuit bacause we have hospital documents to prove the mold was making Jen sick) he would forget about it and go through his insurance. The plumber also agreed it was NOT MY FAULT!

First of all, Congrats on the future baby and I'm glad everything with the landlord worked out well for you.

[Shocker Milwaukee]

Call your local health department. If there is mold present, your landlord must pay for the remediation. The proper process involves an industrial hygenist (sp?), who'll take swab & air samples of the mold. After lab analysis, he can write a protocol for the remediation. People with compromised immune systems (young, old, asthmatic, etc.) are especially vulnerable to certain types of mold (black mold/stachybotrys).

[SLICK RICK]

Let me see if I can understand you correctly. You can afford a kid, but can't afford a house? Is there something I am missing here?

Yea, you are missing something. Not everyone can afford a house, some people have to rent an apartment. That does not mean they should not have children.

[Blazey]

Let me see if I can understand you correctly. You can afford a kid, but can't afford a house? Is there something I am missing here?

Yea, you are missing something. Not everyone can afford a house, some people have to rent an apartment. That does not mean they should not have children.

Thanks man! Nice to know there are others who live in the real world!

[Blazey]

Let me see if I can understand you correctly. You can afford a kid, but can't afford a house? Is there something I am missing here?

Yes. It's called having some class. Look into it.

[jimmalenko]

Just as an outsider looking in (and I don't mean to grandstand, BTW), I think zzyzzx might have been suggesting that the notion of your own place should probably be of a greater priority than having kids ie. get your home set-up, then kids come later. I don't mean to spark a massive debate so please take that with the customary grain of salt, simply offering a different viewpoint

It's just a difference of values, where no-one is right or wrong

[ViRaL1]

You had a child without owning a home?

[the bomb]

Blazey, If everybody waited untill they could afford kids , mankind would be extinct. Congrats on the baby!!!!

[Blazey]

Just as an outsider looking in (and I don't mean to grandstand, BTW), I think zzyzzx might have been suggesting that the notion of your own place should probably be of a greater priority than having kids ie. get your home set-up, then kids come later. I don't mean to spark a massive debate so please take that with the customary grain of salt, simply offering a different viewpoint

It's just a difference of values, where no-one is right or wrong

You have no right to say anything. It could not be avoided. Back off.

[Blazey]

You had a child without owning a home?

You have the ability to type without being able to think first?

[ViRaL1]

You had a child without owning a home?

You have the ability to type without being able to think first?

You lack the ability to discern sarcasm?

[jimmalenko]

ease up, lads

grain of salt, and let's deal with the issues at hand rather than moral judgements, eh ?

[Blazey]

not woth the effort.

[the bomb]

Blazey, its none of their business don't let it get to you.

[ViRaL1]

To every gutless coward living in their mom's basement passing judgement on my wife and I:

DROP DEAD!

This was not meant for you all to voice your useless opinions about whether or not my wife and I should have a child. This was about something else.

IF ANYONE HAS A PROBLEM WITH THIS PM ME FOR MY ADDRESS AND WE CAN SETTLE IT PERSONALLY.

Try not to be a complete moron. Open your mind before you open your mouth. Best of luck to your child to be if you're getting this worked up over an internet forum. Somebody needs a time-out.

[jimmalenko]

[Blazey]

Blazey is going out for ice cream and cake. 'night all.

[ZAPPER]

Don't sign shit! Talk to a lawyer, and don't sign shit there either. This mold may do some strange stuff that does not appear for some time. A good indication that the landlord knows that he is behind the eight ball is that he has forgiven you and wants to make nice. I am not sue crazy myself, but to get a fair settlement is not ill gotten gains. Maybe the landlord doesn't have shit to sue for and fighting his insurance company wont be worth the effort and as much as I hate lawyers you should at least talk to one. You don't have to ream your landlord just make sure that your bills are covered. The problem may not have been his fault but it is his responcibility(SP)

[Ripper2860]

If there truly is a mold problem severe enough that the wife is ill, I certainly would not want a baby in that environment.

You should investigate options and determine what can be done to ensure that the landlord properly eradicates the mold and provides a place suitable for you, the wife, and the child. It is not asking too much to expect your landlord to provide a healthy and safe home and it is not unreasonable for you to seek whatever assistance is required to make sure that the landlord delivers or provides funds that woud allow you to relocate.

[doppletwo]

Get an Attorney. I hear Attorneys are better than Lawyers. Yeah, that's the ticket/

[sacajaweeda]