Renter's Rights?

Updated on May 15, 2007
R.U. asks from Yukon, OK
19 answers

My apartment has flooded 8 times since we moved in last year. Two months ago it flooded and they dudn't do anything about it and I got sick. My children have also been sick with respiratory problems and skin rashes. This last flood WE pulled out the carpet and found all the baseboards covered in mold. The nanager said we could a)stay and they'll make the repairs b)move to another apt or c)break our lease. I don't have any money or resources to do anything besides stay here - but its KILLING me! Does anyone know who I can contact for assistance?

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So What Happened?

Well there are several other tenants who are getting together for a class action law suit for the mold issues. Our temporary solution is to run an ozone air purifier while we pack and move to a different complex. Thank you for all your advice!

More Answers

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S.K.

answers from Albuquerque on

I'd call Channel 4's "In Your Corner" team.
They help people with this stuff all of the time.
###-###-#### or ____@____.com
Good Luck!

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E.M.

answers from Lawton on

Hi, I actually work for a rental office in Lawton. When this happends it is THEIR problem! They HAVE to fix it. You CAN NOT stay while they are making reapirs. The mold will get into the air more and make ya'll even sicker! I would say to transfer to a new appt. But I would make sure their boss knows about the problem. If you have any questions fell free to e-mail me and we can talk more.
E.
____@____.com

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J.T.

answers from Topeka on

I would contact the better business bureau and go from there. Sounds like to me that i would gather my medical bills and then i would also talk to a lawyer, sound to me that you got sick because of their neglegence. I would defenately contact the BBB and then a lawyer about what you can do.

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D.T.

answers from Tulsa on

The Oklahoma Landlord Tenant Acts cover part of this.
"SECTION 113a. Floods and Flooding-Disclosure

If the premises to be rented has been flooded within the past five (5) years and such fact is known to the landlord, the landlord shall include such information prominently and in writing as part of any written rental agreements. Failure to provide such information shall entitle any tenant who is a party to the rental agreement to sue the landlord of the premises in a court of appropriate jurisdiction and to recover the personal property damages sustained by the tenant from flooding of the premises.
For the purpose of this section, "flooded and flooding" shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters. "

While ill health isn't covered as far as I remember but if you signed a lease that goes against this act then you need to make arrangements to challenge the lease and have it determined void.

http://www.tenant.net/Other_Areas/Oklahoma/tenant.html#s113a

I'm thinking that the new laws of disclosure about Meth will also cover mold but they haven't been written nor enacted yet.

Personally, you need to take steps to eliviate the mold if you plan to stay in the apartment. Mold levels are very subjective and not regulated yet. If you do choose to move to another apartment then you need to ask that it be on higher ground and besure to ask the neighbors about flooding, get a flood disclosure and hold the land lord to the acts listed in the link above.

Sorry, that you are suffering. invest in bleach.

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C.H.

answers from Kansas City on

I going to agree I would take the other apartment. It will not cost anymore correct? I know you can go on line and look up renter rights and you can print out your rights. Best of luck to you. God Bless

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A.G.

answers from Springfield on

I used to work for the Housing Authority and we got complaints like this all the time. All we could do was refer then to th Attorney General or Legal Aid. Basically you have to help yourself and decide what you're willing to do. Right now you're sacrificing your health and well-being, apparantly it's easier to live with than moving out. The manager already offered to move you to anothr unit. I'd take it in a heartbeat!

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M.S.

answers from Oklahoma City on

google renters rights. there are lots of options. but they are required by law to keep things safe and sanitary for you, and to take care of things in a timely manner!

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J.K.

answers from Oklahoma City on

When I lived at Vintage Lakes this was a problem on several occasions...I took pictures and complained, even told them how to fix it...ended up moving out...

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F.F.

answers from Oklahoma City on

Hi R.,
I am so sorry to hear that. The same thing happened to me over and over. You wouldn't happen to live in Vintage Lakes would you? Well what I ended up doing was calling the health department. They came out and inspected after I filed a formal complaint. We ended up having to move though anyways because they actually did move us to a new apartment but the floor in the new one started caving in. So we just gave up and moved in with my mom so we can just save up for a house. I would contact the health department and definitely a lawyer who can tell you what your rights are. You may even be able to be compensated for your moving costs. Its definitely worth looking into. If you are in Oklahoma City we have a place called Legal Aid where you can get free legal advice. I hope this helps. Good luck R.!

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J.H.

answers from Tulsa on

Please contact the Department of Human Services in your area. they can direct you to free legal advice and a variety of other resources. That absolutely INFURIATES me to hear that you and your family are being treated so poorly by someone who is obviously a slumlord in sheep's clothing. My husband is an attorney, but he does not really practice this type of law. You can call just about any law firm (try Winters, King, and Associates; they are a Christian firm who will give you a free telephone consult and direct you accordinly), and most will at least talk to you for free. I am sorry to hear that this is going on. You may have a case against them for negligence, especially if you are dealing with health issues. Good luck, and God Bless.

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E.Y.

answers from Topeka on

You can find a low-income or pro-bono lawyer in your area. Usually there's a legal aid office. You can break your lease without penalties. You are in a dangerous and unhealthy apartment. Mold can cause serious problems. Not only should there not be any penalties for breaking the lease early, but you should get all of your deposit back since all of the damage is not caused by you. Good luck!

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K.C.

answers from Tulsa on

Hi R.,
I've had a similiar issue in the past and picked up a copy of the Landlord Tenant Act at my local library. All I needed to arm myself was right there in the small booklet. I wrote a strong letter to the landlord with much of the verbiage in the booklet and he immediately saw the error of his ways.
Hope that helps!

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S.D.

answers from Kansas City on

Just wanted to add that if you choose to move to another apartment I would demand they move you or at least cover the cost of the move. Don't forget you might have costs like switching phone service, cable, etc. Those cost should be paid for by the apartment company.

There are mold kits available on-line to test the levels and types of mold in your home. I don't believe they are too expensive and they might help you see exactly what your dealing with.

And don't forget the "squeeky wheel gets the oil" Don't give up. Fight them on this. They only care about money, not your wellbeing. You deserve to live in a healthy environment.

Best of luck!

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L.G.

answers from Tulsa on

I work in the apartment business here in Tulsa. I would move if they offered to let you out of your lease because legally they don't have to do that. Now if you caused a big enough stink about it they would just to get you off of their case, but legally they don't have to. I know you say that you can't afford to do it right now but if you don't move soon then the offer to break your lease could be off the table. Also you can't afford to be sick when you are a SAHM, you will doing your children a great disadvantage. As far as where you can go to get assistance, I know that my residents sometimes have to turn to one of the local churches. Bottom line is that if they offered to let you out of your lease you need to take them up on that offer, there is no guarantee that they will offer that to you again. Good luck!

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M.B.

answers from Kansas City on

You should probably get out of there. If they have a comprable apartment on a higher (!) floor that might be your best option. You should have been forcefull and demanded prorated rent from the beginning, and especially since it has happened multiple times and you are incurring medical expenses because of it. They are NOT providing you with a place that is fit to live in, as they are required to do since you are PAYING them! Get an attitude and MOVE!! Good luck!

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L.

answers from Oklahoma City on

My husband is a legal intern working for a longtime attorney in OKC. He could give you some legal advise and discuss your options. Dayne Mayes ###-###-####. Tell him his wife L. gave you his name and number. At least he can give you some free legal advise and tell you what he can do to help if you decide to hire an attorney. Good luck. This is serious, mold can cause very dangerous problems. L.

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B.S.

answers from Tulsa on

Honestly, I would either contact your City or County Commissioner and turn your landlord in... What he's doing is Landlord Neglect, and it's illegal. If you feel like you need legal representation, contact Legal Aid or or local SRS office can give you a number to call to obtain free or low cost lawyer services

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J.T.

answers from Kansas City on

You NEED to contact an attorney and better business bureau. It is a health risk to you and your children to stay in a moldy environment. The mold can have lasting effects on your health. Please do not consider staying where you are, especially since you have such young children. Also, make sure to let your doctors know you've been exposed to mold so they'll know it may be contributing to illness. Your landlord should be striving to make sure you are in a mold free environment, so if he's offering a new apartment request that he have someone come in and check for mold, just definitely get out of the apartment you're in. Best of luck to you. I hope you and your family get well soon.

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J.M.

answers from Kansas City on

If you have anywhere to stay while you can pack and get out, I would. We had mold at our last place and it was making my boys VERY sick. The baby (at the time) ended up in the hospital for 2 months he was so sick. Our older one had to do breathing treatments every 4 hrs around the clock. Once we figured out there was mold, we immediately moved in with family until I could go back and get everything packed up and get us in a new place. My boys have absolutely no health problems now. Get them out of there ASAP. Feel free to email me if you would like. Good luck!!

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