Black Mold - Clearwater,FL

Updated on August 27, 2013
M.B. asks from Clearwater, FL
6 answers

Last month I found black mold(ewww) in my daughters bedroom. I reported it it my office manager and a few days later they bleached the spot and painted over it. Well Friday I noticed it back, and seemed to pop up over night, and when i pulled a sticker off the wall it was wet, meaning the wall is weeping water. This time they are not being so complying. Basically telling me its not an emergency, I have told them the wall was leaking and they said its not possible there's no plumbing there. I showed pics and still no one has been sent out. What can I legally do? Can I hire someone and withhold rent? Can I move? Any advice? TIA

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B..

answers from Dallas on

Look at your renters rights and landlord/tenant laws in your state. Here, landlords are REQUIRED to fix black mold...it's the law. It's considered a health and air quality issue, that if not fixed, can actually be taken to court and ordered.

I would contact the department that handles the issue, and see what they say.

ETA: I found who you'd contact: http://www.doh.state.fl.us/environment/community/indoor-a... I also found this, which might be helpful to you: http://www.indoorrestore.com/resources/renters-rights/flo...

4 moms found this helpful

C.O.

answers from Washington DC on

M.:

Did you document the first sighting of mold and their actions?
What does your lease say about issues and non-payment of rent for failing issues?

Mold is caused by moisture. So the water is getting in there somehow!!

http://www.epa.gov/mold/

http://ericksonsdrying.com/our-services/mold-remediation/...

If it were me? I would document everything.
I would write a letter stating what I wanted done for the mold. If I needed to hire a mold testing lab as well as mold remediation - I need their approval and I will deduct the charges from my rent.

I would NOT withhold rent unless it states in your lease you can. Hire a lawyer to review your lease and to ensure you won't get evicted nor get a ding on your credit for non-payment or cutting your lease early.

You CAN move. However, you really need to read your lease to find out what notice you would have to give and what it would cost to break the lease!

Good luck!

3 moms found this helpful

V.B.

answers from Jacksonville on

First things first. Did you document when you first reported it, or was it just a telephone call?

Follow up with a written letter recapping what has happened up to this point (including what they did to "fix" it, bleach and paint). Then continue with the new developments (it's back x # of days later, and the wall is WET, etc). Explain that you believe there is some sort of leak in the wall that is creating it and ask them what they plan to do to repair it and the timeframe.

Keep copies for yourself. You can hand deliver it, if you want, and write down the name of the person you deliver it to on your copy (along with date and time).

Get out your lease agreement and review what it says regarding repairs/maintenance. If they aren't following it, follow up immediately with more written documentation.

Contact the agency a previous response mentioned and find out what they say is required, or what they can do to help you.

It is possible to get out of a lease if they do not keep the dwelling habitable, but you cannot just unilaterally move out or withhold rent. Go through an attorney if it comes down to that (hopefully it won't). I actually had to do something like that once. We ended up making our rent payment payable to both the apartment AND the attorney jointly, so that it was technically paid, but not cashable by them without making the necessary repairs.

Remember that all mold doesn't generate the toxic stuff. Not all molds that are black are "black mold". And it isn't the mold itself that is dangerous, but the mycotoxins that some molds produce. So don't go freak out on them. But if there is continuing moisture, it is in their best interest to find the source and correct it before structural damage occurs to THEIR property.

3 moms found this helpful

B.C.

answers from Norfolk on

Document everything.
Leaks can happen from some pretty unexpected sources.
If a condensate line to an air handler unit is clogged with algae, the water will flow somewhere else.
Roof's can leak, sometimes a water heater or other appliance from an upstairs apartment can leak to the apartment below it.
Condensation can build up behind walls sometimes if the insulation and ventilation has got something weird going on.

Empty the closet and consider running a dehumidifier in there.

If apartment management is ignoring you and giving you the run around
you may have to report it to the health department.
If you do that, you're probably not going to have a good relationship with the apartment management afterward and if the building is condemned you're going to have to find another place to live asap.
Find out how much it would cost you to break your lease - it might be worth it to move out no matter what it costs.

Mold and Leak Reporting Advice for Renters

"The U.S. EPA suggests that renters should report all plumbing leaks and moisture problems immediately to your building owner, manager, or superintendent. In cases where persistent water problems are not addressed, you may want to contact local, state, or federal health or housing authorities.".

http://inspectapedia.com/sickhouse/Rental_Unit_Mold.htm

http://inspectapedia.com/sickhouse/Rental_Unit_Mold_9.htm

2 moms found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

O.O.

answers from Los Angeles on

First of all--don't panic!
Not all mold that is black is the toxic "black mold" that is a real danger.
The water has to be coming from somewhere.
Are you on a lower floor? It could be a sink it tub above you.
Probably the best thing to to is to use written correspondence and keep copies.
And check your lease!

2 moms found this helpful

C.V.

answers from Columbia on

Read your lease. See what it says about repairs. When you contact the office manager, reference the paragraph in the lease which requires them to repair these issues.

2 moms found this helpful
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