Help to determine liability - mold in walls, under sinks and a/c.

[Guest guest]

I am living in an apartment I rented 6 months ago. I left a 13 year

relationship and thought I was off to a fresh start, here I am now

looking over everyones/anyones post's to find the answer. I moved in

the apartment in April and lost all of my energy almost right away. I

didn't figure out that I had mold (aspergilis, penicillium, and

Stachybotrys)until July. I would almost faint when standing, no

energy, itching upper arm, coughing in my sleep, strained voice, loss

of memory and ability to focus.

I told my landlord after finding the mold under the A/C and we hired

someone to rebuild the wood around the a/c. I felt better for about 3

days. Finally we hired an environmental specialist to test- she came

with a k-9 to locate other sources of mold. ***These dogs are amazing!

If anyone has trouble finding hidden mold you should look into

this.*** My landlord presented results to HOA and 1st they sent a

" specialist " which turned out to be a plumber who said I had leaks

under bathroom and kitchen sink. 2nd they sent another specialist in

remediation who said the results were standard regardless of the red

flag areas and recomendations of remediation. This specialist said

that we needed an expert in mold assessment for him to recommend

remediation.

As it turns out there was a fire upstairs from my apartment 5 years

prior and the home owner did not have insurance. My landlord pretended

this was new information. 10 days later we get this expert who says

the results will not be affected by the hepa filter air filter running

and finds everything to be ok except small amount of Stachybotris

which indicates mold problem.

Meanwhile it is November when they determine these results. Still I am

having a hard time associating my simptoms with " mold exposure " by the

first week of December I broke out in a rash/welt up my arms into my

eyes, inner lids, nose, ears and tickling in my throat.I woke up in

the night in an asthma attack (1st time).

I went to Emergency room and they gave me steroids and hydroxyzine.

They told me to set up an appointment with an allergist. I have that

next week. I don't have medical insurance and this is getting very

expensive and stressful.I get a call that same day saying that I

needed to find another place to stay indefinetly by the next day at 8

am which is impossible obviously. I postponed until that monday they

advised leaving furniture just take clothes out of closets with me.

They then show up Monday and cancel and say that they will call me the

following week to reschedule. Sure enough 7am the next monday they

call and say they will arrive at 10am and now to have all personal

belongings and furniture out of the apartment (within 3 hours)This is

when I freak out!

To shorten here I am now in the same apartment my eyes are starting to

swell again. I don't know what to do. I can't focus on making the

right decision. It is the holidays I have everything packed unpacked

and half way packed. I finally got an attorney who had me take control

of this remediation schedule so that I can have a specialist come in

and assess the mold situation. He also let me know that this will be

on retainer for the specialist $1000 and he will find me a lien doctor.

I just am so confused with all of the outer disturbance and starting

to get the rash on my face again that I don't know what is my best

interest. I still have a hard time with accepting this is all from

mold. How can I be this sensitive to it. It isn't anywhere I can see

and I quit using heat or air.

My landlords insurance sent me a letter denying any coverage for mold

related medical problems. The homeowners association is trying to

cover fire/water damage so that they are not responsible. Who is

responsible if my landlord doesn't have insurance that covers mold? It

is in my a/c under all of my sinks and NOW in the walls too?

If anyone has any advice please let me know as I am lost in my mold...

[Guest guest]

Even a small amount of stachybotrys is cause for alarm, as it never grows

unless there is a bad moisture problem and it also rarely sporulates. You

can have a very bad stachybotrys situation inside of your walls, and it

won't show up on air tests or tape lifts of wall dust unless it is actually

wet in there at that time, but the toxins it produces can last for years and

years, in powder form and not be identifiable as spores. The powder can be

so small it goes right through HEPA filters and also spore traps.. The

'trichothecene' toxins it produces aren't just inhaled - it also coats

things with a layer that then rubs on your skin and can be absorbed.

[Guest guest]

This sounds all to familiar to all of us on this site-concentrate on

only one thing-getting out and staying out-get out immediatly-stay

with friends-higher people to move everything you want to keep into

storage including your clothes. Buy some new things and stay in a

motel if necessary. All your symptoms are classic mold. And things

can progress to life threatening if you stay. Cancel the allergist

appt.-they do not understand mold poisoning and will cost at least

$5000 for first go round- put that money into finding a new space-

get your lawyer to mop up-threaten and sue if you have the bucks. Do

not move back in. Find a mold literate Dr-get a CSM perscription-and

if you are lucky you might recover sooner rather than later, or not

at all. E mail me off line if you want to talk on the phone- I have

been there and know how scarry it is.

-in

>

>

>

> I am living in an apartment I rented 6 months ago. I left a 13 year

> relationship and thought I was off to a fresh start, here I am now

> looking over everyones/anyones post's to find the answer. I moved in

> the apartment in April and lost all of my energy almost right away.

I

> didn't figure out that I had mold (aspergilis, penicillium, and

> Stachybotrys)until July. I would almost faint when standing, no

> energy, itching upper arm, coughing in my sleep, strained voice,

loss

> of memory and ability to focus.

> I told my landlord after finding the mold under the A/C and we hired

> someone to rebuild the wood around the a/c. I felt better for about

3

> days. Finally we hired an environmental specialist to test- she came

> with a k-9 to locate other sources of mold. ***These dogs are

amazing!

> If anyone has trouble finding hidden mold you should look into

> this.*** My landlord presented results to HOA and 1st they sent a

> " specialist " which turned out to be a plumber who said I had leaks

> under bathroom and kitchen sink. 2nd they sent another specialist in

> remediation who said the results were standard regardless of the red

> flag areas and recomendations of remediation. This specialist said

> that we needed an expert in mold assessment for him to recommend

> remediation.

> As it turns out there was a fire upstairs from my apartment 5 years

> prior and the home owner did not have insurance. My landlord

pretended

> this was new information. 10 days later we get this expert who says

> the results will not be affected by the hepa filter air filter

running

> and finds everything to be ok except small amount of Stachybotris

> which indicates mold problem.

> Meanwhile it is November when they determine these results. Still I

am

> having a hard time associating my simptoms with " mold exposure " by

the

> first week of December I broke out in a rash/welt up my arms into my

> eyes, inner lids, nose, ears and tickling in my throat.I woke up in

> the night in an asthma attack (1st time).

> I went to Emergency room and they gave me steroids and hydroxyzine.

> They told me to set up an appointment with an allergist. I have that

> next week. I don't have medical insurance and this is getting very

> expensive and stressful.I get a call that same day saying that I

> needed to find another place to stay indefinetly by the next day at

8

> am which is impossible obviously. I postponed until that monday they

> advised leaving furniture just take clothes out of closets with me.

> They then show up Monday and cancel and say that they will call me

the

> following week to reschedule. Sure enough 7am the next monday they

> call and say they will arrive at 10am and now to have all personal

> belongings and furniture out of the apartment (within 3 hours)This

is

> when I freak out!

> To shorten here I am now in the same apartment my eyes are starting

to

> swell again. I don't know what to do. I can't focus on making the

> right decision. It is the holidays I have everything packed unpacked

> and half way packed. I finally got an attorney who had me take

control

> of this remediation schedule so that I can have a specialist come in

> and assess the mold situation. He also let me know that this will be

> on retainer for the specialist $1000 and he will find me a lien

doctor.

> I just am so confused with all of the outer disturbance and starting

> to get the rash on my face again that I don't know what is my best

> interest. I still have a hard time with accepting this is all from

> mold. How can I be this sensitive to it. It isn't anywhere I can see

> and I quit using heat or air.

> My landlords insurance sent me a letter denying any coverage for

mold

> related medical problems. The homeowners association is trying to

> cover fire/water damage so that they are not responsible. Who is

> responsible if my landlord doesn't have insurance that covers mold?

It

> is in my a/c under all of my sinks and NOW in the walls too?

> If anyone has any advice please let me know as I am lost in my

mold...

>

[Guest guest]

>

>

>

> I am living in an apartment I rented 6 months ago. I left a 13 year

> relationship and thought I was off to a fresh start, here I am now

> looking over everyones/anyones post's to find the answer. I moved in

> the apartment in April and lost all of my energy almost right away. I

> didn't figure out that I had mold (aspergilis, penicillium, and

> Stachybotrys)until July. I would almost faint when standing, no

> energy, itching upper arm, coughing in my sleep, strained voice, loss

> of memory and ability to focus.

> I told my landlord after finding the mold under the A/C and we hired

> someone to rebuild the wood around the a/c. I felt better for about 3

> days. Finally we hired an environmental specialist to test- she came

> with a k-9 to locate other sources of mold. ***These dogs are amazing!

> If anyone has trouble finding hidden mold you should look into

> this.*** My landlord presented results to HOA and 1st they sent a

> " specialist " which turned out to be a plumber who said I had leaks

> under bathroom and kitchen sink. 2nd they sent another specialist in

> remediation who said the results were standard regardless of the red

> flag areas and recomendations of remediation. This specialist said

> that we needed an expert in mold assessment for him to recommend

> remediation.

> As it turns out there was a fire upstairs from my apartment 5 years

> prior and the home owner did not have insurance. My landlord pretended

> this was new information. 10 days later we get this expert who says

> the results will not be affected by the hepa filter air filter running

> and finds everything to be ok except small amount of Stachybotris

> which indicates mold problem.

> Meanwhile it is November when they determine these results. Still I am

> having a hard time associating my simptoms with " mold exposure " by the

> first week of December I broke out in a rash/welt up my arms into my

> eyes, inner lids, nose, ears and tickling in my throat.I woke up in

> the night in an asthma attack (1st time).

> I went to Emergency room and they gave me steroids and hydroxyzine.

> They told me to set up an appointment with an allergist. I have that

> next week. I don't have medical insurance and this is getting very

> expensive and stressful.I get a call that same day saying that I

> needed to find another place to stay indefinetly by the next day at 8

> am which is impossible obviously. I postponed until that monday they

> advised leaving furniture just take clothes out of closets with me.

> They then show up Monday and cancel and say that they will call me the

> following week to reschedule. Sure enough 7am the next monday they

> call and say they will arrive at 10am and now to have all personal

> belongings and furniture out of the apartment (within 3 hours)This is

> when I freak out!

> To shorten here I am now in the same apartment my eyes are starting to

> swell again. I don't know what to do. I can't focus on making the

> right decision. It is the holidays I have everything packed unpacked

> and half way packed. I finally got an attorney who had me take control

> of this remediation schedule so that I can have a specialist come in

> and assess the mold situation. He also let me know that this will be

> on retainer for the specialist $1000 and he will find me a lien doctor.

> I just am so confused with all of the outer disturbance and starting

> to get the rash on my face again that I don't know what is my best

> interest. I still have a hard time with accepting this is all from

> mold. How can I be this sensitive to it. It isn't anywhere I can see

> and I quit using heat or air.

> My landlords insurance sent me a letter denying any coverage for mold

> related medical problems. The homeowners association is trying to

> cover fire/water damage so that they are not responsible. Who is

> responsible if my landlord doesn't have insurance that covers mold? It

> is in my a/c under all of my sinks and NOW in the walls too?

> If anyone has any advice please let me know as I am lost in my mold...

>

To sue or not to sue - that is the question. From what you described

you certainly sound as if you have a good case. However, the biggest

question is how can you prove it? This will take a lot of homework to

gather strong evidence. Once you have that, you can find a good

lawyer to represent you. We are not lawyers. We specialize in mold

detection.

We would love to comment on your story in regards to mold assessment,

because it is a typical scenario experienced by tenants in your

condition. But since your question was about " liability " , we will

respond with practical life experience as mold inspectors and the

question becomes whether to sue or not to sue. Incidentally, in

mid-January we plan to start a free newsletter, " Mold News " , where we

will evaluate real situations. If you are interested, we could

evaluate your scenario in our newsletter and comment on your situation

from a mold assessment point of view. Let us know.

Years of experience in hearing mold stories like yours have given us a

bird's eye view of the tenant/landlord situation in mold related

cases. The question whether to sue boils down to two things - health

and rights. Are you more interested in protecting your health or

making your landlord pay for being a bad landlord. You can't do both,

or at least not easily, and without endangering your health.

In our opinion people who are successful in any type of legal cases,

including mold cases, must possess five elements. First, they must

have a strong conviction that they've been wronged and they want

justice. Second, they are hard workers and they will do whatever it

takes. Third, they are obstinate and never give up. Fourth, they

need a good lawyer. And lastly, they better realized that it will

take time - a long time. But, the problem with mold is that time is

of the essence. When we are talking about living in a mold infested

dwelling, time works against you because the longer you stay exposed

to mold, the sicker you will get as time goes on, providing no proper

remediation is carried out.

If you feel strongly about your case, gather plenty of evidence and

find a good lawyer to represent you. Having a lawyer sends the

message to your landlord that you mean business. You can certainly

try to fight your landlord alone, but it will be much harder. I am a

prime example of a person who has the conviction I can fight City Hall

and win, because I've done it. My husband calls me " The Agitator

General " . I have earned this title and I am proud of it. But, if I

were in a mold-infested environment, I would seriously weigh all the

facts and decide whether suing is going to be worthwhile, or whether I

will simply enrich a lawyer. If I decide to sue, then I would obtain

plenty of evidence and would move out as quickly as possible.

Protecting my health is more important than proving to the world that

somebody else is wrong.

Back to your case. It is also our experience that only a very small

percentage of landlords will actually have the mold problem handled

correctly - meaning, having two independent companies - one that does

the assessment and another one that performs the remediation. A final

check is done with a post-remediation testing to insure that the

remediation has been carried out properly. Unfortunately, most

landlords want to cut corners and hire a handyman to fix the problem,

which many times compound the problem. Or, they hire an inexperienced

" specialist " , as in your case, to collect samples with a HEPA filter

cleaner on. It's simply ludicrous. In the end tenants will end up

moving out anyway, after much aggravation and deteriorated health.

Then, you wonder why those people waited so long?

There are many reasons why people don't take action. Tenants assume

that the landlord will fix the building and protect the health of the

tenants. Not, necessarily. So, tenants beg and plead with their

landlord to do something about it. After all, it's the landlord

responsibility, right? You bet it is their responsibilities, but it

is your health that's in danger!!! So, why argue about

responsibilities and stay in an apartment that is making you sick?

Our advice is this: If you plan on suing your landlord, obtain all

the evidence you need and get out as quickly as possible. By that I

mean having a mold assessment done by a reputable company who can

provide you with an excellent report of the conditions observed along

with pictures, sample collection and analysis, and interpretation of

the laboratory report. A good advice: Do not shop around for price

and do not get a report that says that a mold dog detected mold. That

won't stand up in court. You need the best, not necessarily the most

expensive, but you want quality, not cheap mold inspection, because

that's what you'll get. Obtain a list of mold inspectors from the

Better Business Bureau and call several of them. Ask for their

credentials, and choose wisely.

One of the reasons why people stay in a mold contaminated environment

is because they say they have no-where to go. Sure, they do. They

can find another apartment, however, relocating is a hassle and it is

costly. But, the biggest reason of all is that people do not want to

loose their security deposit. But what about the doctors bills and

medicine spent over several months, sometimes even a year? Also,

doctors can't do miracles if people continue to stay in a

mold-infested environment, their health cannot improve. Often tenants

will end up paying more on doctors' bills and medicine than the amount

of their security deposit. People need to take action as soon as they

connect the dots and realize that they started getting sick as soon as

they moved in. Our advice is TAKE ACTION! Leave your security

deposit behind and move on. It's your health.

It is unfortunate that many apartment complexes can get away with poor

maintenance, which subject tenants to mold exposure resulting in

respiratory distress and more. At least in Central Florida the

counties do not want to get involved, and the tenants have no one to

turn to. We have advised tenants to call the Department of

Professional Regulations " to report landlords " . We have no idea

whether this does any good.

[Guest guest]

Isn't this the EXACT SAME RESPONSE that you ('molddetectives') previously

responded with on December 27?

On 1/6/07, molddetectives <molddetectives@...> wrote:

>

> -

>

> To sue or not to sue - that is the question. From what you described

> you certainly sound as if you have a good case. However, the biggest

> question is how can you prove it? This will take a lot of homework to

> gather strong evidence. Once you have that, you can find a good

> lawyer to represent you. We are not lawyers. We specialize in mold

> detection.

>

> We would love to comment on your story in regards to mold assessment,

> because it is a typical scenario experienced by tenants in your

> condition. But since your question was about " liability " , we will

> respond with practical life experience as mold inspectors and the

> question becomes whether to sue or not to sue. Incidentally, in

> mid-January we plan to start a free newsletter, " Mold News " , where we

> will evaluate real situations. If you are interested, we could

> evaluate your scenario in our newsletter and comment on your situation

> from a mold assessment point of view. Let us know.

>

> Years of experience in hearing mold stories like yours have given us a

> bird's eye view of the tenant/landlord situation in mold related

> cases. The question whether to sue boils down to two things - health

> and rights. Are you more interested in protecting your health or

> making your landlord pay for being a bad landlord. You can't do both,

> or at least not easily, and without endangering your health.

>

> In our opinion people who are successful in any type of legal cases,

> including mold cases, must possess five elements. First, they must

> have a strong conviction that they've been wronged and they want

> justice. Second, they are hard workers and they will do whatever it

> takes. Third, they are obstinate and never give up. Fourth, they

> need a good lawyer. And lastly, they better realized that it will

> take time - a long time. But, the problem with mold is that time is

> of the essence. When we are talking about living in a mold infested

> dwelling, time works against you because the longer you stay exposed

> to mold, the sicker you will get as time goes on, providing no proper

> remediation is carried out.

>

> If you feel strongly about your case, gather plenty of evidence and

> find a good lawyer to represent you. Having a lawyer sends the

> message to your landlord that you mean business. You can certainly

> try to fight your landlord alone, but it will be much harder. I am a

> prime example of a person who has the conviction I can fight City Hall

> and win, because I've done it. My husband calls me " The Agitator

> General " . I have earned this title and I am proud of it. But, if I

> were in a mold-infested environment, I would seriously weigh all the

> facts and decide whether suing is going to be worthwhile, or whether I

> will simply enrich a lawyer. If I decide to sue, then I would obtain

> plenty of evidence and would move out as quickly as possible.

> Protecting my health is more important than proving to the world that

> somebody else is wrong.

>

> Back to your case. It is also our experience that only a very small

> percentage of landlords will actually have the mold problem handled

> correctly - meaning, having two independent companies - one that does

> the assessment and another one that performs the remediation. A final

> check is done with a post-remediation testing to insure that the

> remediation has been carried out properly. Unfortunately, most

> landlords want to cut corners and hire a handyman to fix the problem,

> which many times compound the problem. Or, they hire an inexperienced

> " specialist " , as in your case, to collect samples with a HEPA filter

> cleaner on. It's simply ludicrous. In the end tenants will end up

> moving out anyway, after much aggravation and deteriorated health.

> Then, you wonder why those people waited so long?

>

> There are many reasons why people don't take action. Tenants assume

> that the landlord will fix the building and protect the health of the

> tenants. Not, necessarily. So, tenants beg and plead with their

> landlord to do something about it. After all, it's the landlord

> responsibility, right? You bet it is their responsibilities, but it

> is your health that's in danger!!! So, why argue about

> responsibilities and stay in an apartment that is making you sick?

>

> Our advice is this: If you plan on suing your landlord, obtain all

> the evidence you need and get out as quickly as possible. By that I

> mean having a mold assessment done by a reputable company who can

> provide you with an excellent report of the conditions observed along

> with pictures, sample collection and analysis, and interpretation of

> the laboratory report. A good advice: Do not shop around for price

> and do not get a report that says that a mold dog detected mold. That

> won't stand up in court. You need the best, not necessarily the most

> expensive, but you want quality, not cheap mold inspection, because

> that's what you'll get. Obtain a list of mold inspectors from the

> Better Business Bureau and call several of them. Ask for their

> credentials, and choose wisely.

>

> One of the reasons why people stay in a mold contaminated environment

> is because they say they have no-where to go. Sure, they do. They

> can find another apartment, however, relocating is a hassle and it is

> costly. But, the biggest reason of all is that people do not want to

> loose their security deposit. But what about the doctors bills and

> medicine spent over several months, sometimes even a year? Also,

> doctors can't do miracles if people continue to stay in a

> mold-infested environment, their health cannot improve. Often tenants

> will end up paying more on doctors' bills and medicine than the amount

> of their security deposit. People need to take action as soon as they

> connect the dots and realize that they started getting sick as soon as

> they moved in. Our advice is TAKE ACTION! Leave your security

> deposit behind and move on. It's your health.

>

> It is unfortunate that many apartment complexes can get away with poor

> maintenance, which subject tenants to mold exposure resulting in

> respiratory distress and more. At least in Central Florida the

> counties do not want to get involved, and the tenants have no one to

> turn to. We have advised tenants to call the Department of

> Professional Regulations " to report landlords " . We have no idea

> whether this does any good.

>

>

>

[Guest guest]

Toni,

If fire upstairs was large enough to summons the fire dept and they

used water to put out fire, then all that water could have done

damage, which has kept going despite time to dry out since the mold

that may have taken up home there could just be kept growing with

humidity above 50% in building which is common, or water pipes or

something else structural could have been damaged. You can bet

landlord will fight fixing as it could be quite expensive and may

include gutting both apartment above you as well as yours out

entirely and his/her insurance will not cover mold damage, as well

as loss of rent of the two units (or more units) as well as tenants

expecting there temporary residence/hotel bills to be paid also. If

his insurance does not cover mold damage as most do not know, only

way he can get help from them is if they are so kind as this addl

problem caused by fire, which they may not. Since insurance

companies are overwhelmed now with claims on a national level from

Katrina and Florida troubles and fires in California, they will not

cover anything they can reasonable get out of and you can bet they

can get out of calling this fire damage of fire five years ago, so

chance you can get this resolved through landlord who may

himself/herself be financially ruined by this, I would not bet on

place being fixed and cut your losses asap and say goodbye to

security deposit as money well spent to be rid of unhealthy

apartment. Revisit the issue later when you are settled elsewhere

and feeling better and stronger.

P.S. If you were advised to get out and all your things, they may

later say that your staying contributed to your illness, or say they

advised you that for your own good and you didn't deed the advice,

or that that was proof you were not sick from apartment or you would

have left. Just considering the possibilities. They will want to

make you look inconsistent as possible. Afterall if you are going

to say your health and life were at stake, wouldn't a reasonable

person leave, rather than stay six more months or something and say

your health was ruined to the tune of a million dollars or similar

when you could have just " spent " your security deposit to protect

yourself but did not? Just trying to look at it from what they may

present as evidence of you not being serious and wanting to blame a

health problem you have from other source on landlord

unjustifiably.

> > My landlords insurance sent me a letter denying any coverage for

mold

> related medical problems.

[Guest guest]

--- In , LiveSimply <quackadillian@...>

wrote:

>

> Isn't this the EXACT SAME RESPONSE that you ('molddetectives')

previously

> responded with on December 27?

>

Please forgive us, we are new at this and since we could not find the

article we had submitted, we assumed we had not sent it correctly, so

were-submitted it today. Now we know that we are doing it right.

Thanks for letting us know. We are still wondering why we could not

find the article we had written . . .

> >

> >

>

>

>

[Guest guest]

le,

I apologize for the confusion on the double posts, because I know

you had emailed me a couple of days ago because you did not see it.

I did see the post, not realizing this was the one you were talking

about. It probably came up under a new subject, ie:46493 Re: Help to

determine liability - mold in walls, under sinks

and I suggested to you to repost it. Hey, we've all had our problems

with , so this is my fault too.

LiveSimply, we having a bad day? I edited part of your post to

molddetectives, it was completely uncalled for and I will not repeat

it. What you had mentioned and suggested is not your problem, if

there was any problem I would handle it. There is alot of leniency

on this board for many reasons. Give somebody a chance before you

jump them.

KC

> >

> > -

> >

> > To sue or not to sue - that is the question. From what you

described

> > you certainly sound as if you have a good case. However, the

biggest

> > question is how can you prove it? This will take a lot of

homework to

> > gather strong evidence. Once you have that, you can find a good

> > lawyer to represent you. We are not lawyers. We specialize in

mold

> > detection.

> >

> > We would love to comment on your story in regards to mold

assessment,

> > because it is a typical scenario experienced by tenants in your

> > condition. But since your question was about " liability " , we will

> > respond with practical life experience as mold inspectors and the

> > question becomes whether to sue or not to sue. Incidentally, in

> > mid-January we plan to start a free newsletter, " Mold News " ,

where we

> > will evaluate real situations. If you are interested, we could

> > evaluate your scenario in our newsletter and comment on your

situation

> > from a mold assessment point of view. Let us know.

> >

> > Years of experience in hearing mold stories like yours have

given us a

> > bird's eye view of the tenant/landlord situation in mold related

> > cases. The question whether to sue boils down to two things -

health

> > and rights. Are you more interested in protecting your health or

> > making your landlord pay for being a bad landlord. You can't do

both,

> > or at least not easily, and without endangering your health.

> >

> > In our opinion people who are successful in any type of legal

cases,

> > including mold cases, must possess five elements. First, they

must

> > have a strong conviction that they've been wronged and they want

> > justice. Second, they are hard workers and they will do whatever

it

> > takes. Third, they are obstinate and never give up. Fourth, they

> > need a good lawyer. And lastly, they better realized that it will

> > take time - a long time. But, the problem with mold is that time

is

> > of the essence. When we are talking about living in a mold

infested

> > dwelling, time works against you because the longer you stay

exposed

> > to mold, the sicker you will get as time goes on, providing no

proper

> > remediation is carried out.

> >

> > If you feel strongly about your case, gather plenty of evidence

and

> > find a good lawyer to represent you. Having a lawyer sends the

> > message to your landlord that you mean business. You can

certainly

> > try to fight your landlord alone, but it will be much harder. I

am a

> > prime example of a person who has the conviction I can fight

City Hall

> > and win, because I've done it. My husband calls me " The Agitator

> > General " . I have earned this title and I am proud of it. But, if

I

> > were in a mold-infested environment, I would seriously weigh all

the

> > facts and decide whether suing is going to be worthwhile, or

whether I

> > will simply enrich a lawyer. If I decide to sue, then I would

obtain

> > plenty of evidence and would move out as quickly as possible.

> > Protecting my health is more important than proving to the world

that

> > somebody else is wrong.

> >

> > Back to your case. It is also our experience that only a very

small

> > percentage of landlords will actually have the mold problem

handled

> > correctly - meaning, having two independent companies - one that

does

> > the assessment and another one that performs the remediation. A

final

> > check is done with a post-remediation testing to insure that the

> > remediation has been carried out properly. Unfortunately, most

> > landlords want to cut corners and hire a handyman to fix the

problem,

> > which many times compound the problem. Or, they hire an

inexperienced

> > " specialist " , as in your case, to collect samples with a HEPA

filter

> > cleaner on. It's simply ludicrous. In the end tenants will end up

> > moving out anyway, after much aggravation and deteriorated

health.

> > Then, you wonder why those people waited so long?

> >

> > There are many reasons why people don't take action. Tenants

assume

> > that the landlord will fix the building and protect the health

of the

> > tenants. Not, necessarily. So, tenants beg and plead with their

> > landlord to do something about it. After all, it's the landlord

> > responsibility, right? You bet it is their responsibilities, but

it

> > is your health that's in danger!!! So, why argue about

> > responsibilities and stay in an apartment that is making you

sick?

> >

> > Our advice is this: If you plan on suing your landlord, obtain

all

> > the evidence you need and get out as quickly as possible. By

that I

> > mean having a mold assessment done by a reputable company who can

> > provide you with an excellent report of the conditions observed

along

> > with pictures, sample collection and analysis, and

interpretation of

> > the laboratory report. A good advice: Do not shop around for

price

> > and do not get a report that says that a mold dog detected mold.

That

> > won't stand up in court. You need the best, not necessarily the

most

> > expensive, but you want quality, not cheap mold inspection,

because

> > that's what you'll get. Obtain a list of mold inspectors from the

> > Better Business Bureau and call several of them. Ask for their

> > credentials, and choose wisely.

> >

> > One of the reasons why people stay in a mold contaminated

environment

> > is because they say they have no-where to go. Sure, they do. They

> > can find another apartment, however, relocating is a hassle and

it is

> > costly. But, the biggest reason of all is that people do not

want to

> > loose their security deposit. But what about the doctors bills

and

> > medicine spent over several months, sometimes even a year? Also,

> > doctors can't do miracles if people continue to stay in a

> > mold-infested environment, their health cannot improve. Often

tenants

> > will end up paying more on doctors' bills and medicine than the

amount

> > of their security deposit. People need to take action as soon as

they

> > connect the dots and realize that they started getting sick as

soon as

> > they moved in. Our advice is TAKE ACTION! Leave your security

> > deposit behind and move on. It's your health.

> >

> > It is unfortunate that many apartment complexes can get away

with poor

> > maintenance, which subject tenants to mold exposure resulting in

> > respiratory distress and more. At least in Central Florida the

> > counties do not want to get involved, and the tenants have no

one to

> > turn to. We have advised tenants to call the Department of

> > Professional Regulations " to report landlords " . We have no idea

> > whether this does any good.

> >

> >

> >

>

>

>