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Extreme Habitability Issue

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xeitgeixt

Junior Member
The move in disaster

Before moving in to the apartment that I'm still living beneath, the place was in shambles. The roof in the basement was caving in and some cords were sticking out of the ceiling. Black mold was everywhere. Carpets were stained. I was told that the place would be cleaned up exhaustively and this was the only reason I agreed to signing the lease.

On the official move-in date, the place was still a wreck. The painters left their paint buckets, the windows were painted shut, the mold was still everywhere, the ceiling still caving in, and the carpets still stained. To top it off, the oven was missing the silver pans which are situated beneath the burners... and someone had relieved themselves in our downstairs potty without flushing.

The landlord agreed to knock only $50 off of our next month's rent of $590.

The nightmare continues

Unfortunately at this point the nightmare wasn't over. We were told that all we would have to pay for was electric. Turns out the heat in our building was electric. Go figure. All throughout the winter, all we had to keep warm were barely functioning electric wall heaters. The place was so cold that on one extreme day, we were able to see our breath!

Fast forward until a month ago. Our bathroom sink began to mysteriously clog. Bottle after bottle of liquid plumber solution wouldn't do the trick. I take a walk downstairs and realize that some pipe had a crack in it and that every time we used the water in our bathroom, some would splash on to the basement floor. Needless to say, disgusting mold aside from the already existent black mold had grown everywhere.

At the same time in which our sink began to clog, the washing machine went haywire as well. As I made my way down to the laundry room one day, I discovered the laundry machine clogged full of water. I called maintenance. I called the landlord. No response. It has since been a month and our washing machine is still clogged.

Rotten sewage and black mold. Just like mamma used to make.


I wish I could say this was the end of the story, but its not. Upon moving out, a neighbor of ours had informed us that the prior occupant of our particular unit had moved out due to a huge build up of mold. He was leaving, presumably, because of a sewage leak in his kitchen. He said that no matter how hard he scrubbed his dishes, every bowl of cereal smelled like rotten sewage.

After hearing my neighbor's story, I texted my landlord stating that I simply had enough. I informed him of my blog which averages a couple of thousand daily visits and that I have photos, videos, and testimonies that I'm ready to post. This is where the legal issue comes in to play. Out of my extreme emotional distress, I told the landlord that I want all of my money back ever paid and that I wouldn't raise a hell storm on the Internet and with local media if he satisfied my demand.

My legal questions

My question is, is this extortion on my part? After a while I texted back to the landlord apologizing for the harsh tone I had taken. I explained that all I wanted was the truth concerning the dangerous mold. Still, as it was with the washing machine and broken pipe situation, no word from the landlord.

Lastly, I will ask if I have to pay another month's rent at this hell-hole of an apartment. My lease is up next month, mind you. Oh, and I forgot to add that upon request, our lease was shortened to our desire as if by magic. Just days after the move-in disaster, we had requested a shortened lease from the landlord. Without hesitation- as if he knew our place was a health hazard- our lease was cut down by four months.

What are my options? Your help would be much appreciated.
 


MIRAKALES

Senior Member
The Department of Buildings Code Enforcement should be contacted for an inspection of the plumbing and water damages, and any potential health hazards. The official report issued by the Department of Buildings Code Enforcement will ensure a record of the building code violations and performance of the required maintenance to restore the premises to a habitable condition. In the meantime, confirm with the Department of Buildings Code Enforcement whether any prior building code violations exist for the premises.
 

Searchertwin

Senior Member
The Department of Buildings Code Enforcement should be contacted for an inspection of the plumbing and water damages, and any potential health hazards. The official report issued by the Department of Buildings Code Enforcement will ensure a record of the building code violations and performance of the required maintenance to restore the premises to a habitable condition. In the meantime, confirm with the Department of Buildings Code Enforcement whether any prior building code violations exist for the premises.

Disagree. Why? Because no where did op state that he gave LL WRITTEN request to repair the damages. It was all verbal upon entering, but op knew what he was getting. To stay and not request in writing was wrong on his part.

I feel that one should give one a chance before seeking code to complain. That's not the right thing to do. Why cause so much trouble to the LL?
 

xeitgeixt

Junior Member
Disagree. Why? Because no where did op state that he gave LL WRITTEN request to repair the damages. It was all verbal upon entering, but op knew what he was getting. To stay and not request in writing was wrong on his part.

I feel that one should give one a chance before seeking code to complain. That's not the right thing to do. Why cause so much trouble to the LL?

If e-mail counts, then yes- we did issue our complaint in writing.
 

Searchertwin

Senior Member
Before moving in to the apartment that I'm still living beneath, the place was in shambles. The roof in the basement was caving in and some cords were sticking out of the ceiling. Black mold was everywhere. Carpets were stained. I was told that the place would be cleaned up exhaustively and this was the only reason I agreed to signing the lease.
Never count your chickens before they hatch.

The painters left their paint buckets,
Pick them up and pitch them

the windows were painted shut
,
take a knife and scape paint off
the mold was still everywhere
,
A little elbow grease and some bleach
the ceiling still caving in, and the carpets still stained
.
Send LL a crr letter requesting the repairs to be done in a reasonably time
To top it off, the oven was missing the silver pans which are situated beneath the burners
Buy them and bill the LL or again request them to be replaced.
... and someone had relieved themselves in our downstairs potty without flushing
.
Take the forefinger of left hand, reach for the handle and pull down
The landlord agreed to knock only $50 off of our next month's rent of $590
.
That's about right
We were told that all we would have to pay for was electric
.
Either gas or electric, you have to pay for one of them. Guess yours would be electric
. all we had to keep warm were barely functioning electric wall heaters.
Common sense dictates to go and buy more if not happy with already existing heaters.
Our bathroom sink began to mysteriously clog.
Send letter to LL requesting repair. If it comes back to something that was done by you, you will pay.
realize that some pipe had a crack in it
The longer you don't send LL a letter to request repair, the more damage it will cause and guess what? Guess who will pay?
LL can't fix it not aware. But that's common sense.
Needless to say, disgusting mold aside from the already existent black mold had grown everywhere
1) Send letter to LL stating about mold. He can't take care of pipe that causing the mold if he doesn't know.
2) Use elbow grease to get rid of mold
3) You will not be able to hold "mold card" over LL head. You can't mysteriously get sick due to mold. You will lose. You can try, no harm in trying.
But if mold does effect you, wear a mask outside, mold is everywhere.
I called maintenance. I called the landlord. No response. It has since been a month and our washing machine is still clogged
. STOP calling. START writing
the truth concerning the dangerous mold
.
Like I said, you want the mold to be the issue and you will lose. There are thousand of strains and a doctor will not state mold caused this or that.
Lastly, I will ask if I have to pay another month's rent at this hell-hole of an apartment
.
No one lives rent free. You chose to live there KNOWING the condition.
My lease is up next month, mind you. Oh, and I forgot to add that upon request, our lease was shortened to our desire as if by magic. Just days after the move-in disaster, we had requested a shortened lease from the landlord.
So what more do you want? LL to help you move? What did he do wrong in this situation? He was not notified in writing about anything. You moved in knowing the condition.
Without hesitation- as if he knew our place was a health hazard- our lease was cut down by four months
.
Maybe, maybe not. Again, he didn't know about things. Or maybe he did and did the right thing. What do you think?
What are my options?
1) Send letter of repairs to LL and give time to respond
2) Take pictures of the place now and after you leave
3) Forget about using the mold card, you will lose
4) Pay your rent
5) Leave after the four months
 
Last edited:

Gail in Georgia

Senior Member
OP needs to review the following, paying particular attention to 562A.15 (Landlord to Maintain Fit Premises) and 562A.21 (Noncompliance by the Landlord).


http://coolice.legis.state.ia.us/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=562A

As previous written, repair requests need to be in writing, not phone calls, not emails.

Options if, after proper notification and failure of the landlord to respond, could result in the tenant being able to terminate the lease and move. It does not mean they will receive compensation for all of the rent they have already paid.

Not to burst the OP's bubble but there are a million blogs out there and frankly, no one really cares whatever they post on their blog as this is likely to be lost in the millions of useless postings done on a daily basis.

Gail
 

MIRAKALES

Senior Member
The plumbing and water damages described are of an extreme emergency and breach the landlord’s obligation of premise habitability. There is no time or justification for writing letters in an emergency situation when, as the tenant described, “the roof in basement is caving with exposed cords … unidentified black mold … windows painted shut … nonfunctional electric wall heaters … damaged basement pipe with exposed sewage … standing water in laundry machine, etc.”

In case of fire, call the Fire Department.
In case of multiple building code violations and extreme health hazards, call Buildings and Code Enforcement.

This is an inattentive and irresponsible landlord …
The Department of Buildings Code Enforcement are the only authority able to ensure the building and health violations are immediately corrected. In addition, the tenant stated that the landlord and maintenance were both telephoned to no avail, and the previous tenant moved due to similar issues with the plumbing and water, therefore the landlord is aware of the extreme health hazard. Yet, the landlord fails to address and expedite the necessary emergency repair.
 

Zigner

Senior Member, Non-Attorney
The plumbing and water damages described are of an extreme emergency and breach the landlord’s obligation of premise habitability. There is no time or justification for writing letters in an emergency situation when, as the tenant described, “the roof in basement is caving with exposed cords … unidentified black mold … windows painted shut … nonfunctional electric wall heaters … damaged basement pipe with exposed sewage … standing water in laundry machine, etc.”

In case of fire, call the Fire Department.
In case of multiple building code violations and extreme health hazards, call Buildings and Code Enforcement.

This is an inattentive and irresponsible landlord …
The Department of Buildings Code Enforcement are the only authority able to ensure the building and health violations are immediately corrected. In addition, the tenant stated that the landlord and maintenance were both telephoned to no avail, and the previous tenant moved due to similar issues with the plumbing and water, therefore the landlord is aware of the extreme health hazard. Yet, the landlord fails to address and expedite the necessary emergency repair.

So?

Still doesn't entitle the OP to a refund of prior rent paid.
 

Searchertwin

Senior Member
The plumbing and water damages described are of an extreme emergency and breach the landlord�s obligation of premise habitability. There is no time or justification for writing letters in an emergency situation when, as the tenant described, �the roof in basement is caving with exposed cords � unidentified black mold � windows painted shut � nonfunctional electric wall heaters � damaged basement pipe with exposed sewage � standing water in laundry machine, etc.�


You are putting words in op mouth.
1) �the roof in basement is caving with exposed cords". OP stated "some cords were sticking out of the ceiling". Cords can be sticking out and not be exposed. Two different meaning. You give the impression that the cords are bare wire showing.

2) "unidentified black mold" Tenants always use this as an excuse. Mold is always present everywhere.

3) " Nonfunctional electric wall heaters" OP states, " barely functioning electric wall heaters". The fact is they worked. You say they are not.

4) "damaged basement pipe with exposed sewage" Op never stated exposed sewage. She stated, " pipe had a crack in it and that every time we used the water in our bathroom, some would splash on to the basement floor". This is not sewage nor standing water. She stated, "SPLASH" of water. She did not indicate the toilet or she would have made a huge issue of it.

5) 'standing water in laundry machine" OP states, " laundry machine clogged full of water. It has since been a month and our washing machine is still clogged." Standing water and clogged are two different things. She did not state once that she went without doing laundry for a full month. It was just clogged, which I assume she got unclogged.


These are not an emergency situation. Unless the wires were exposed. Splash of water is nothing. Painted windows, she can undo herself. Pipes with a crack, we don't really know how big because a splash is nothing. She doesn't indicate that there is standing water or sewage flowing around.

This is an inattentive and irresponsible landlord �
Could be. But if he does not know about things, which I believes he did in this situation, than you can't call someone inattentive and irresponsible LL.
OP could be inattentive and irresponsible for not informing LL. Goes both ways.
In this it was not crr letters. Just emails. I can go both ways with emails.
 

MIRAKALES

Senior Member
The temptation is to critique rather than research …
Obtain a dictionary and a copy of the inspection reports prepared by the Department of Buildings and Code Enforcements then review that the appropriate language is exposed electrical wires (not sticking out), unidentified black mold (mold requires testing to confirm the species and it is not present everywhere), nonfunctional wall heaters (either they work or they do not work, barely work is not functional), exposed sewage (all used water exiting the building is classified as sewage), standing water in laundry machine (clogged washer full of water is stagnant standing water).
Avoid the temptation without the actual information.
 

Searchertwin

Senior Member
The temptation is to critique rather than research �
Obtain a dictionary and a copy of the inspection reports prepared by the Department of Buildings and Code Enforcements then review that the appropriate language is exposed electrical wires (not sticking out), unidentified black mold (mold requires testing to confirm the species and it is not present everywhere), nonfunctional wall heaters (either they work or they do not work, barely work is not functional), exposed sewage (all used water exiting the building is classified as sewage), standing water in laundry machine (clogged washer full of water is stagnant standing water).
Avoid the temptation without the actual information.

I didn't get a dictionary, I research on things I don't know. I thought I knew the difference between standing water and sewage. I always step out of the box to check things. So this was not critique, which I do at times I admit, but I was a little wrong here.

But still stand behind expose wires to wires sticking out. Expose wires means bare wire without covering. She does not state that.
Barely work means it does work, anyway you look at it. It's like being a little pregnant. Either you are or your aren't
Mold - Tenants use this an excuse. If tenant can afford the huge expense of a professional mold expert, go for it
Clogged washer - would agree if they don't use it. But op never stated that she did not use it, it was just clogged. As I stated, "She did not state once that she went without doing laundry for a full month. It was just clogged, which I assume she got unclogged."

As far as this goes, what is clogged to one is not to another. I have well water, sometimes sand gets in the system, turning hot water on flushes it out. But at the same time, machine is clogged. Major difference here. I think it was the same for OP, just another excuse to make her issue strong

I have to admit, it is nice to read legal quotes that you do, but you still have to give the other side to the op of how things they perceive is different from what law dictates. One would be wording of "barely" to "not functional". You need to explain to some.
 

llord

Member
Possible reason for standing water in washer

I have known tenants to put too much soap in the washer (or dishwasher) and create a suds lock condition where the appliance will not properly drain till the exit pipe/tubing clears of suds. If in the mean time the washer 'completed' the timed spin cycle, all the water would remain in the washer tub. The next time the washer was run through spin, the water would easily exit.
 

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