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Mold in rental. We are moving are we obligated?

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mbark777

Junior Member
What is the name of your state? Kansas

Ok. To make a short story long: We moved into ouor rental 9 years ago with just a verbal lease for the first year. After year 1, it was never discussed again and we just paid on a month to month basis. We never had a written lease of any kind (stupid I know, but may work in our favor now).

About a year ago we had a leaky roof in the laudry room, kitchen and living room. We weren't aware of it until the ceiling tiles in the laudry room fell and the backs were covered with mold exposing the ceiling which is also covered with mold. And mold on the inside of one of the bedroom walls. There is also mold starting to grow on the outside of the house now. The owner lives out of town. We have always dealt with any complaint, questions, and paying rent to the local landlady he hired to watch over the house. We notified her immediately. She had two carpenters come over and inspect the rooms, walls and cailings. They gave her an estimate which she said she "passed on to the owner and was waiting to hear back from him about geting the repairs made" (I don't for a fact that she actually sent it to him). We know the health hazards of mold and started shopping for a house to buy. We have since purchased a new home and will be moving at the end of this month. My questions are?

If the local landlady never notified him are we responsible for the damages and the fact that it has gotten worse? (I do have the name and telephone number of the repairmen that came and looked at it and gave her the estimate) If she never gave him the estimate, is something he will have to take up with her?

We have not given any notice that we are moving. Due to his lack of responsibility to this property I didn't feel he deserves it. Are we requierd to give notice without a lease?

After researching mold I discovered that it can cause neurological disorders such as Tourrettes and OCD. My daughter was diagnosed with both last fall. It can also cause Immune system disorders and my wife was diagnosed with lupus two years ago. Do I have legal grounds to coutersue if he pursues any compensation from us in court?

Thank you for your time.
 


longneck

Member
mbark777 said:
If the local landlady never notified him are we responsible for the damages and the fact that it has gotten worse? (I do have the name and telephone number of the repairmen that came and looked at it and gave her the estimate) If she never gave him the estimate, is something he will have to take up with her?
no and no. it's not your responsibility to make sure the property manager does her job correctly. just make sure you have documentation that you reported this to her as soon as you discovered the problem.
We have not given any notice that we are moving. Due to his lack of responsibility to this property I didn't feel he deserves it. Are we requierd to give notice without a lease?
yes. in most states it is 30 or 60 days, and the notice must be aligned with the day you normally pay rent. do a google search for "kansas landlord tenant law" and read up on notice for termination.
After researching mold I discovered that it can cause neurological disorders such as Tourrettes and OCD. My daughter was diagnosed with both last fall. It can also cause Immune system disorders and my wife was diagnosed with lupus two years ago. Do I have legal grounds to coutersue if he pursues any compensation from us in court?
you're thinking about this from the wrong angle. if you think that the LL's damaged house caused these conditions, then you should consult a lawyer immediately. just be aware that if the LL was not aware of the issue and there was no reasonable way for him to be aware, your case probably won't get too far. in this particular situation, you need the advice of an attorney, not a free legal advice message board.
 

mbark777

Junior Member
clarification

I do not have anything in writing verifying notice of the damage to the Landlady or the owner. Is this going to pose a problem later. I can contact the repairmen and get statements from them if necessary.....
 

longneck

Member
probably a good idea. their statement should be something like "on xx/xx/2005, abc construction company was called to inspect the house at 123 road st. for water damage. we identified the following issues: ________. we informed __________ on xx/xx/2005 of these issues."
 

mbark777

Junior Member
Thanks

Thanks so much for your help.
If anyone has any other ideas, warnings or suggestions I would love to hear em'.
 

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