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WE have water damage from in the bathroom around the tub/Shower.

Water has come out of...
WE have water damage from in the bathroom around the tub/Shower. Water has come out of the wall. The wall looks like its s crumbling from the inside. It shares a wall with the closet and its obvious that its damages. We verbally mentioned it to the property manager in November 2011 and haven't had a conversation with the apartments property management. Last weekend March 3, 2012 i went in again to ask about the damage to the wall. I expressed my concern of mold to them, I am not convinced that they are taking all the precautions to look in to the possibility of the mold. We have a 2 year old. Both my wife and I sleep in the room. After my Mar. 3, 2012 conversation the management came in and cut sections out of the wall to do some "testing" with a moister tester and some "termite" damage. No mention of mold. It been made clear to me that they(the management) are not testing for mold.
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3/11/2012
justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12,554
Experience: Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
Verified

Hi, and Welcome to JustAnswer. Thank you for your question.

 

My name isXXXXX am an Attorney and would be glad to help

 

 

Q. Is this an apartment you are renting, or a condominium which you own ?

Q. I have read your facts, but do not see a question. Please tell me what question I can Answer for you

Thank you and I look forward to your Reply,

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Customer reply replied 6 years ago
Renting.

What do i do? What rights do we have in this situation? In our conversations with the property managers and maintenance staff they continue to tell us that its not mold and that the wall needs to just "dry out". Now they are saying it termites. I saw water come out of the hole in the wall. The wood is a dark brown when we use it every day and after being away on vacation its looks like a lighter brown, that tells me that the wall is wet. they have had since November of last year to do something about it. Now they are considering opening up the wall and doing work on it, we have not seen any test or results on the the kind of testing they are preforming for mold. What do I do?
.
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Customer reply replied 6 years ago
i dont see accept
Customer reply replied 6 years ago
I dont see accept or a button for that action. I see (Reply to Expert)
You will not see the "Accept" button until I post your Answer. I am finishing it up, but I wanted to acknowledge your question.

I will post your completed Answer i 5 minutes,
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Customer reply replied 6 years ago
Great thank you. Im new to this. Thank you for your time.

Thank you for your reply

 

Your first priority, of course, is to have safe living quesrters, especially for the baby which is especially susceptible to infections and breathing ailments cause by mold. You must write to the Property Manageet Office by certified mail, return receipt requested, calling their attention and/or addressing all of the following which I am only outlining :

Re: Apartment ;

Dear _______________

 

Since November, 2011, we have been having serious problems in our apartment from water seepage into the __________ room which appears to be coming from ______________.

I brought this problem to your attention when I spoke to _______________ who assured me that the problem would be corrected and the areas which were damaged by water would be repaired or replaced. At that time, In my initial inspection of the damaged area, I detected, therefore, at the time of my conversation with ___________ , I also requested that tests be done for mold. I was assured that tests for mold would be performed and the mold problem would be solved before any repairs were commenced. However, four *4) months have elapsed and no tests for mold have been performed and the problem still persists. Some type of test was performed, and termites were detected. But no repairs have been made.

You may not be aware that mold is dangerous to all of us, but especially to infants and young children. I have a two-year old daughter and I can no longer sit idly by, and having my daughter exposed to the dangers of mold, while nothing is being done to correct the mold, or the termite problems. Additionally, the waterleakage continues as evidenced by the discoloration of the wood surrounding that entire area.

By allowing these conditions to remain uncorrected and exposing my family and me to these conditions which compromise our health, you have breached the lease and breached the warranty of habitability. I have been patient and cooperated in every way, yet these are problems which can be solved only with your active cooperation and participation. Since you have made very little, if any attempt to correct and repair the damage and the cause of the water leakage, I am hereby informing you that for all the foregoing reasons, you have constructively evicted us and have forced us to look elsewhere to find safe and suitable living accommodations. I will hold you responsible for any and all expenses we incur in finding alternate housing.

Very truly yours,

 

___________________________

If you do not want to move, revise the letter according to what your wish to do. Please use the "Reply" button if you need clarification on anything and I will be glad to explain further.


POSITIVE FEEDBACK and BONUS are appreciated

Thank you for allowing me the opportunity to assist you,

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Customer reply replied 6 years ago
Thank you for the letter... there are a few things. I told the property manager in November that it was leaking. She responded with ok i will have someone look at it. To me or my wife's knowledge, no one came to inspect. It want until the most recent visit (Mar 3) that they did request to visit and did in fact com in to see.

After sending this what should i do? wait for a response or asks them to allow me to get an expert to test?
In Answer to your question as to what you should do, it all depends on what you and your wife decide. If the area of the apartment which was (and still is ) damaged by water has become filled with mold, then you might want to consider finding another apartment before you and the baby become seriously ill because mold is very dangerous to the human lungs and breathing passages.

You can also include in the letter something like this:

"If the appropriate tests for mold are not performed and the mold and termite problems are not corrected within Ten (10) days from the date of this letter, I will have order these tests to be perfored, arrange for the reairs to be performed, send you the receipts, and deduct all such expenses from my monthly rent until I am reimbursed for all costs, fees, and expense I incur in having these problems corrected."

Where the landlord has had adequate time to correct and/or repair a condition in a tenant's apartment, the law provides as one of the options available to the tenant, that the tenant may have these repairs performed and deduct the costs incurred by the tenant from his rent.

As I stated in my previous Answer, change the part of the letter so that it is accurate, such as adding that you spoke to Ms, ____________ who assured you that she would have it looked at immediately.


POSITIVE FEEDBACK and BONUS are appreciated

Thank you for allowing me the opportunity to assist you,

justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12,554
Experience: Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,
Verified
justiceb4all and 87 other Landlord-Tenant Specialists are ready to help you
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Thank you for accepting my Answer, the Positive Feedback, and the Bonus, I greatly appreciate it, but what I appreciate the most is placing your confidence in me to assist you.


If you need anything further, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea only .........." And your question will be directed to me



Thank you again for allowing me the opportunity to assist you,

Kindest regards,

 

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justiceb4all
justiceb4all, Arbitrator
Category: Landlord-Tenant
Satisfied Customers: 12,554
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Experience: Attorney, Juris Doctor, Post Doctoral Degree - LLM in Federal Taxation, General Practice,

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