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My daughters are 6 months into a one year lease. One

My daughters are 6...

My daughters are 6 months into a one year lease. One developed asthma, was hospitalized, and told by the pulmonologist and the PCP to not go back to the basement apartment due to probable mold. The landlord was asked to do a mold test by the daughter on the lease and he refused. The wanted to work with the landlord first but he was belligerent she called the 311 health services and the are sending an inspector within three days. This angered the landlord and he insisted on coming over. He came with a maintenance man and washed topical areas with bleach and took pictures. That is fine but I believe the mold is behind walls or under floorboards. He accused my daughter of wanting him to pay medical bills that was to the intent. My daughter has insurance. They would love it if mold was cleaned and they could stay; however I fear it's too much as my daughter told me the basement flooded several times this past fall. In order to move they would need their deposit back so they can find a healthier place to live. I would think this could be a win win for both my girls and the landlord as I'm sure he could rent it out quickly. What can we do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Brooklyn, New York

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There was no mention of tenant rights in the lease only responsibilities. I did not see any health clauses. There were several papers on lead poisoning and not having children under 11 here. My girls are both in their 20s.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are not positive it's mold that caused onset of asthma but it is something in the apartment. My daughter is currently on 9 types of meds due to this since she left the 5 day stay in the hospital She does not have breathing problems at work. Just when she's in apt. She can not have allergy resting done until 3 weeks after she gets off the steroids as they would mask any alergins.

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Answered in 2 minutes by:
3/17/2018
LandlordTenantAnswer
Category: Landlord-Tenant
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Good afternoon. I certainly understand the situation and your concern. It really needs to be known and determined if there is mold present. If there is, it would need to be cured by the landlord and if they are not able to do so while they reside there, they would need to agree to either relocate them and remedy this or terminate the lease and allow them to move out and return their deposit. Once it is known and determined that there is mold, that can use that to their advantage to get out of the rental. The signs and medical opinion do indicate it is mold related but to have a legal right to vacate and terminate the lease because it is not habitable, this needs to be known and once it is, she can exercise her rights and the landlord needs to act.

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Customer reply replied 1 month ago
Okay. Is there anything else we should be doing right now?

At this point, you need to get the results back. You have a medical opinion from the doctor telling you what they believe this is, and if mold is found, it would support it. She has placed the landlord on notice and if she can not reside there, should stay someplace else until she lets the landlord know of the findings and they can resolve this as needed. If there is mold, the landlord only has two choices which favor her, as I shared above, so she needs to wait for the results. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 1 month ago
Okay so an inspector was here today and he found mold in the floorboards along the wall in the main area where they have their bed and behind the tile in the bathroom We will get the results of the air test on Saturday. My questions are 1. The daughter that was in the hospital is not on the lease but they knew she was moving in with her sister. Is there any concern with that? 2. What is reasonable compensation for this since there has been mold here? 3. Should we approach landlord now, after we get results on Saturday, or in some other way or time?

1) no, there is not if they allowed her to stay there. 2) the landlord needs to remedy and cure it and provide temporary housing but if you just want to walk away, you can ask to be released. 3) you should approach the landlord once you have ALL the results and evidence, so it is hard for them to dispute.

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Customer reply replied 1 month ago
A further question is that since my daughter was in the hospital and we do not know the long term health impact on her, should we pursue this at all?

It all depends on if you can show the landlord knew about this and failed to disclose it and knowingly allowed someone to rent and live there when there were serious health and safety concerns. If there is evidence of this, he could be sued.

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Customer reply replied 1 month ago
Okay, good to know. Thank you for your help today.

My pleasure.

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