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| Topic: Just how scandalous is this? | |
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You don't have a case, I doubt. You will probably find an attorney who will take it but it's doubtful that, after attorney's fees etc, you'll see anything. There is nothing in your lease that requires your landlord to accomodate your health issues, that's YOUR problem. Yes, they have mold, but, they are making a good faith effort to correct the problem. If there is nothing SPECIFICALLY in your lease saying they have to pay for your accomodations if your apartment becomes uninhabitable (using the legal definition), then they do not have to. Nor are they required to be sympathetic, empathetic or anything else. Is it cold and heartless, yes. Is it illegal and a civil offense? No, sorry to say it's not. Do you have renter's insurance? Your policy may (and probably does) cover temporary lodging. You may have to pay upfront, but you should be reimbursed. Good luck. My how wrong you are. It is clearly in the CA state health and safety regulations that a landlord is responsible to follow professional procedure pertaining to remediation. If a heath and safety issue is present in a rental the landlord MUST accommodate the tenants until the situation is corrected "BY PROPER AND LEGITIMATE MEANS." He also is when there is breaches of CA building codes like the illegal repipe along with some really illegal issues. He also is when there are obvious health issues. If you are a landlord and you hear your tenant complain about mold you had better jump on it because LA and NY and a few other states are coming down hard on landlords for it. My soon to be ex-landlords are shady pieces of work, period! We are both right, actually. If you can PROVE (and the burden of proof is on you as the Plaintiff) that the steps they took to fix the situation were not done within standard practices, then yes, you would have a case. And, if you can prove that your health problems were the DIRECT result of their failure, you have a case. If you were allergic to mold BEFORE you moved in and they can prove that, it's going to make your case difficult because then the burden of responsibility would have fallen to YOU to make sure you were not endangering your own health. If, however, the landlord did not know about the mold problem and is taking legal steps to correct it, then you don't. Perhaps CA is different but in most cases, if it is not directly stated in your lease that they must pay for alternate accomodations if your apartment becomes uninhabitable (and again, the legal definition, not your personal definition) then you have a hard row to hoe. I am not saying this to take sides, merely to play devil's advocate. I work in construction law and have worked in real estate law, though admittedly I am not familiar with specific CA law. I am speaking in generalities regarding the legal process itself. I did not intend to cause offense, only to give you things to think about so you can take the necessary steps to protect not only yourself but any case you should end up filing. |
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i would say go to the local health department
and get the place considered uninhabitable then remove your belongings and go after the owner for expenses and the cost of moving and medical bills for any mold related issues but hey what do i know |
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You don't have a case, I doubt. You will probably find an attorney who will take it but it's doubtful that, after attorney's fees etc, you'll see anything. There is nothing in your lease that requires your landlord to accomodate your health issues, that's YOUR problem. Yes, they have mold, but, they are making a good faith effort to correct the problem. If there is nothing SPECIFICALLY in your lease saying they have to pay for your accomodations if your apartment becomes uninhabitable (using the legal definition), then they do not have to. Nor are they required to be sympathetic, empathetic or anything else. Is it cold and heartless, yes. Is it illegal and a civil offense? No, sorry to say it's not. Do you have renter's insurance? Your policy may (and probably does) cover temporary lodging. You may have to pay upfront, but you should be reimbursed. Good luck. My how wrong you are. It is clearly in the CA state health and safety regulations that a landlord is responsible to follow professional procedure pertaining to remediation. If a heath and safety issue is present in a rental the landlord MUST accommodate the tenants until the situation is corrected "BY PROPER AND LEGITIMATE MEANS." He also is when there is breaches of CA building codes like the illegal repipe along with some really illegal issues. He also is when there are obvious health issues. If you are a landlord and you hear your tenant complain about mold you had better jump on it because LA and NY and a few other states are coming down hard on landlords for it. My soon to be ex-landlords are shady pieces of work, period! We are both right, actually. If you can PROVE (and the burden of proof is on you as the Plaintiff) that the steps they took to fix the situation were not done within standard practices, then yes, you would have a case. And, if you can prove that your health problems were the DIRECT result of their failure, you have a case. If you were allergic to mold BEFORE you moved in and they can prove that, it's going to make your case difficult because then the burden of responsibility would have fallen to YOU to make sure you were not endangering your own health. If, however, the landlord did not know about the mold problem and is taking legal steps to correct it, then you don't. Perhaps CA is different but in most cases, if it is not directly stated in your lease that they must pay for alternate accomodations if your apartment becomes uninhabitable (and again, the legal definition, not your personal definition) then you have a hard row to hoe. I am not saying this to take sides, merely to play devil's advocate. I work in construction law and have worked in real estate law, though admittedly I am not familiar with specific CA law. I am speaking in generalities regarding the legal process itself. I did not intend to cause offense, only to give you things to think about so you can take the necessary steps to protect not only yourself but any case you should end up filing. Negligence can be proven. I have prepared a chain of evidence. I just need an attorney to connect the rest of the dots. County Health is also involved and soon to have my mold report. |
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Negligence can be proven. I have prepared a chain of evidence. I just need an attorney to connect the rest of the dots. County Health is also involved and soon to have my mold report. Ok, then. Good luck to you 
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In California health code if mold is detected the landlord MUST have the situation assessed by mold professionals before they tear out squat. After being told Mold was found by a cheapie test he dove right in tearing my shower apart without any consultation of professionals.
His wife even told me they don't care about my allergies. I want to hear what they have to say to my attorney! |
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