Mold Issue, Flooded House

A.,
Why would you be paying your landlords deductible? Unless you actually caused the leakage yourself,and they will have to prove it, they are responsible for the entire thing, they own the property, not you. I would definetly move at this rate. You can consult an attorney to see what they say.
W. M.

1 mom found this helpful

Check with your local city as to what your rights as a tenant are. With that much damage you should be able to get out of your lease and move. I wouldn't stay there. The water that damaged your furniture etc. was DIRTY - you can clean/disinfect solid items like wood tables, etc. but anything upholstered should be thrown away - you'll never get the mold etc. out without re-upholstering & replacing the padding which costs much more than buy new. Also, check with the Red Cross and Salvation Army to see if they can help you.
If there is a law school nearby they probably offer a law clinic run by the grad students where you can ask questions etc.
Your rights as a tenant anywhere in CA are that you have the right to POSESS (live in), the right to QUIET ENJOYMENT of the space. Since you cannot live there - DON'T pay rent, if the water damage was not your fault get your security deposit back and get the heck out.
Also, your renter's insurance needs to be told that you have WATER DAMAGE not mold - they may assume that the mold came from you not keeping the place clean and deny you due to neglect.
Please for the health of your family get rid of the mattresses and upholstered items - sit on the floor if you have to, buy cheap mattresses at BiG Lots or air mattresses until your insurance pays up!!!

1 mom found this helpful

First you do not need to pay the deductable and if you've still been paying rent your landlord should be paying for a place for you to stay. There is a law about habitability and with mold the house is not habitable therefore the landlord cannot expect you to pay rent or keep your lease during this time. For that I would call a lawyer or even consider calling the lawyer guy on the KGO 810 am radio station. His show is at noon.

As far as cleaning goes I would call around to professional places and find outwhat needs to be done. Mold is a serious issue with health consequences. Unfortunately some stuff will probably just need to be replaced and that your renter's insurance should pay for.

Hello A.: Please read your rental contract and you may need to talk with a lawyer about this issue. As a renter I know that maintance of the home is the landlords responsibility unless it is something that you have caused yourself. As for the cleaning I would contact SERVICE MASTERS, they do wonderful work in these cases. But somethings you will have to just replace as presswood doesn't dry well and with this much time mold grows ans is hard to get out.
Your children are concerned because they have had a scarey experiance and that is not unusual. If the mold spores are as bad as you say then their safety is the most important thing. I am using a breathing machine right this minuet because of asthma and spent hours at Kaiser because of it--- So Not Fun! so their safety muct come first they will adjust and you will have to find a way to make this a great adventure for them. New sheets- curtains-blankets and yes new stuffed animals so that you aren't getting them sick.
Not the greatest way to clean out and dejunk a home but effective -esp if its been this long and nothing has been done. Good Luck to you, Nana G

A.,
I am so sorry this happened. We were in the same situation about 8 months ago. The house we live in had a flood. I had a newborn (3 weeks old) at the time. We lived in the Residence Inn for four months because it took them that long to do the necessary work. We have renter's insurance too, and they covered almost everything. They arranged for all of our belongings to be removed and cleaned, the name of the company was servpro. They also had a company that dry cleaned all of the clothing. They paid for the movers and the storage. If you have renter's insurance, all of that should be covered. Also, they did a mold/mildew inspection after the house was complete. This took me a long time to have happen. They were not going to do it, they said everything was fine. I did not feel comfortable moving back in until I had verification that everything was safe. Once I started researching and found out that there is a "flood disclosure act" (which means that they have to notify future renters that there was a flood) and that they good be $100,000 liable if there is any mold, the insurance (the owners, not my renter's) cooperated and had the test done. The tests cost about $750. We are getting reimbursed for our deductible, we are not paying anything out of pocket. Our insurance covered almost everything. They would not cover bills during the time that we lived in the hotel (water, electricity, etc) but the home owners insurance of the landlord covered that. Our landlord agreed to pay the deductible and he will try to submit it to his insurance. We haven't been billed for that yet. My heart goes out to you, it's not a fun situation to be in. We took a photo of the hotel we stayed in and labeled it "first home" in my daughter's baby book! Good luck!
A.

You are the parent!!! Explain to your son the house is not SAFE!!!!
Get legal advice! Call a cleaning company so all of your items are adequately cleaned...
Just went through this with my son's rental in SF with bed bugs....

Hi A.,

Sorry to hear about your disaster.

Make sure your family stays healthy to keep your immune system strong.

I recommend a hepa air system running at all times one that does not produce ozone. One that kills mold that is air borne.

I have a good one if you need a recommention.

Good luck.

N. Marie

This just happened to me this summer with a shower leaking over time and caused mold to form in the babies room and bathroom. It cost us around $4500 to clean up the mold the correct way. Also, nost insurance companies don't cover mold. A mold remidiation company is the person that would need to come out and do a professional clean up. It is a huge ordeal, but they have ways to clean everything including furniture, walls etc.. It seems as though the landlord should be responsible for everything unless the leak was your fault. If you moved out it is probably a good thing because if the landlord doesn't take the proper routes to clean up (the pricey route) your family could be in danger of black mold. I would call a mold company and ask them how much they charge to clean furniture, but if you have moved your furniture in the new place then you have transferred the spores to the new place. A hygeniest will need to do mold testing before and after and give the house a certificate of clearance- I wouldn't move back in that house until you get that from the landlord.

How horrible! Unless your family was negligent in some way, it is probably against the law for your landlord to try to get you to pay their insurance deductible.

Mold can be very deadly, so don't mess around. Have a professional company come give you an estimate and/or advice and turn it in to your renter's insurance company or to your landlord's insurance. If the landlord's insurance will cover the cleaning of your personal items, then you may want to consider splitting the cost of their deductible or something.

However, as you beleive the landlord will not do their best to take care of the situation, I would find a new place to live and handle your personal items with your renter's insurance company...maybe they would be willing to go after your landlord's insurance company. Also you should check in with www.hud.gov/renting/tenantrights.cfm regarding your rights in this situation. They have an area on their site where you can ask these kinds of questions or you can call their 800 number or your local Housing and Urban Development(HUD) office. Take care and good luck!

I feel for you! We also had major water damage while away from home in a rental. The landlord (and his insurance company) are responsible for the cost of all repairs and cleanup, and your renters insurance should cover replacement or repair of personal property. We also had to move out (for 3 months!). You shouldn't have to pay rent during the time the house in not inhabitable, and should have the right to terminate the lease and get your deposit back. You can request they test for black mold, which it sounds like they are already doing. It has to be removed, but the insurance policy may have a limit (if any coverage) for mold -- our landlord's was $5000. However, if they have to remove drywall, tile or wood to investigate for mold, the property policy should cover those repairs over and above any mold coverage. I was at the house regularly and so was able to talk with the insurance investigators and repair companies directly. For the furniture and household items, ask the mold mitigation company what to do, and also look online. If you're not comfortable that all of the mold is removed to safe levels or don't want to wait another couple of months, find another house. (In our case, we arrived home within a day of the leak, so black mold that was found was from previous water leakage in the bathrooms, and was cleaned up and the bathrooms re-tiled. The furniture was not affected by black mold, only water damage.) Best of luck! I know this is a stressful time for all of you.

Renter's insurance covers your household items in the house that you are renting. It is not your fault the pipe broke... the landlord is responsible for the house... the pipe being fixed, the cleanup, etc.

Why would you have to pay the deductible. Why was there a leak? Sounds like a landlord problem unless you did something to create the problem. Always wise to turn off water when you leave for vacation however most of us forget to do it.

Sister in Colorado had upstairs water leak and all three floors were damaged and now there is a huge repair and remodel needed.

Hi A.,

My sister got flooded out of her condo twice by the people upstairs overflowing the tub and falling asleep.

She ended up having to throw away most of her stuff.

She eventually moved out a year later, but her and her husband both now have sinus issues they cant get rid of and MAJOR migraines. I found reports that sinus issues are many times fungal in nature. She also got psoriasis. I gave her a nasal spray that has anti fungal ingredients and it has helped them breathe clear for the first time in years.

Mold is highly toxic. I would move out if I were you. Don't go back. The only way to get mold out of wallboard, floors, carpets, etc- is to totally TEAR THEM OUT. Everything. Bleaching them down and drying them does not remove mold. It only kills the active mold- the invisible spores are still there. As soon as it gets ANY kind of moisture (boiling water ,showering, etc) it will come into active growth again.

Do Not Pay Dime for their problems. This comes from someone that lived in an apartment that had the kitchen flooded and the livingroom. I was told it was cleaned up and safe to move back into. WRONG!! They lied, they cleaned it up repainted and that was it. I started getting extremely sick and when I was packing to move found black mold growing behind my pictures on the kitchen walls.

I will have asthma and lung problems for the rest of my life because I trusted the cheap slumlords.

B.

Hi A.,
Boy, am I happy to respond! We had a fire in our condo building this year and although my condo was not burned, it was ruined by water damage, mold, etc.
I'll try to be brief:
First of all, if your landlord is making you pay the deductable for THEIR insurance, for something that broke in THEIR property... AND they are trying to cheap-skate out on thoruoughly drying out the place and tending to mold issues, which are VERY serious to health, I'd say they are nothing more than SLUMLORDS and your best option is to get out of there quick!!! If I were you I would insist on full security deposit back and no requirement to provide 30-days notice, based on the fact that the property is unsafe to habitate for mold issues. Tell them to kiss your bootie for the deductable for their insurance, and call Project Centinal in Morgan Hill/Gilroy area, or the Legal Aid Society in San Jose area, for legal help to obtain your security deposit back and to get them to drop the requirement for 30 days vacate notice and to stop asking you to pay their insurance deductable.
That said, the market is down right now. Get a better apartment somewhere else!!!!
As far as how to dry out your personal property, you have renter's insurance. You should not have to worry about drying out your personal property. Have you contacted your insurance company yet? They should assign a claims processing agent to you. Save every scrap of medical information you obtain that is in regards to sniffles, coughs, congestion, asthma, or any other mold-allergy or mold-exposure type of illness, for yourself and any other member of your family, including friends and extended family members who frequently come to your house.
Give these things to your insurance agent and insist that they replace everything that you own. At the very least, they will have to replace all of your upholstered furniture, mattresses, pillows, etc., (things that can't be thrown in a washing machine), and pay for the cleaning of every other fabric/porous object you own, as well as pay for the industrial dehumidification of non-fabric/porous belongings such as wooden furniture, books and papers, etc.
Your insurance company should also pay for your move, boxes, tape, labor (including paying you and anyone else who helps you move at least $18.50 an hour for all the hours it takes to move you to the new apartment) (note that $18.50 is the going rate for a mover, from a day labor agency such as Labor Ready in San Jose). Your insurance should pay for your hotel while you look for an apartment, and pay all the fees associated with the move including your next security deposit, fees to transfer your phone and cable services, etc.
On your insurance policy you should have at least 2 dollar amounts. "Loss of Use" and "Unscheduled Personal Property".
The loss of use account is the total dollar amount you should have available to you to handle things like temporary housing/hotel, relocation fees and expenses, and other costs that arise from the inconveniences of not being in your own home (for example, my loss of use coverage paid for a trip for my dog to the groomers, because I was in a hotel and did not have access to the grooming supplies I normally used to groom the dog myself). Anyway, look at your loss of use coverage on your insurance papers and understand that this money is YOURS. You paid for it by buying the policy and having a covered event.
The "Unscheduled Personal Property" portion of your insurance policy is the total amount that you have to deal with your personal belongings. From furniture and clothes, to the contents of your fridge and your toothbrush and deoderant. This is the policy that will pay for the replacement, cleaning, repair, storage, and moving of everything you own.
Please contact me directly if you need more info.
I just recently went through all of this myself.
Thanks!!!

Hi A.,

First, if your landlords expect you to pay their deductible, ask for a written explanation why. If the pipes were leaky and that is not your fault or your responsibility to maintain under the lease, then what is their theory as to why you should pay. Typically building maintainence in a residential lease is the landlords responsibility and absent some "negligence" on your part you have no responsibility to maintain or repair pipes. Second, your renter's insurance likely has a liability insurance section that may be able to help you with the landlords claims. I would contact your insurance agent or insurance company right away about your landlords claims before you agree to pay anything.

Third, if your property has been exposed to water and then mold, you should look for a licensed mold restoration (remediation) professional in your area. Your insurance company probably won't (can't) recommend one, but they might be able to suggest a few who are decent. Items like clothes can be washed, but you probably need a professional for items like your sofa, mattress etc. The restoration people can come out and look and your property and give you an estimate for the cost to clean. Don't sign any contracts or agree to anything proposed by the restoration contractor without talking to your insurance company and seeing if they will pay any of the cost.

Last thing, ask for written explanations from your insurance company on all payments or suggested payments and if you don't already have it, get a complete copy of your insurance policy, including your "declarations pages".

Hope this helps.

-Tia

Dear A.,

First I would like to say the Alleane is 100% right, as a person who lost EVERYTHING to hurricane Katrina and I know.

Do not pay your rent, put what you would normally pay into a savings account, do not spend it. Should your landlord take you to court you can let the court know you are paying your rent into an account and honoring your lease. If a judge feels you should pay the rent you will have it, however, you are not expected to pay to live in a house that is a health hazard. If anyone should sue anyone it should be you if your landlord keeps your deposit due his neglect to his property and causing damages to yours.

Also, Alleane is correct when she says that the damage to your property needs to be stated as “water damage” and not mold damage. BE VERY CAREFUL your insurance company is not your friend and will find any reason not to pay you. Don’t accept no as an answer; get a lawyer if you feel you are not being treated well.

Take pictures of the damaged property BEFORE you clean it. If you clean it first the insurance adjuster has to take your word for the damage and it is not my experience that the will.

Your belongings that are “soft” like couches, beds, pillows, cushions, and the like are not going to be able to be saved. I would also consider any “soft” items damaged even if they were not submerged in the water, mold spores are not only found on the ground but are often airborne and can be deadly.

Your clothing can be washed in a washer in very hot water with bleach for the whites and Lysol for the rest. Dry all the hard surfaces you intend to keep for at least two weeks to ensure they are completely dry.

For all our hard surfaces my husband and I used CONQUER TBD Product # 166.

General non-acid cleaner and disinfectant
The ready-to-use liquid is designed as a general non-acid cleaner and disinfectant for use in homes, hospitals, schools, office buildings and other facilities to control the hazard of cross contamination. It is formulated to disinfect a wide variety of hard, non-porous, inanimate surfaces like floors, walls and countertops. It also deodorizes areas that are generally hard to keep fresh smelling, like garbage cans basements and restrooms.

Here is a link for more information on this product:

http://kem-pro.com/pdf/166web.pdf

Get your deposit back if you can, if not sue for it but, in the mean time GET OUT of that house.

Best of luck, if you have more cleaning questions you can reach me through Mamasource.

As a renter of 14 years I have noticed that smaller non-professionally managed properties try to extract money from you in this sort of way. It is more expensive to put up a legal fight then just pay and they know that. Not sure if this is the most legally sound advice, but if it were me I would move out, and refuse to pay the deductible. If a deposit is held and you owe rent don't pay that either. Based on your post your landlord had no legal right to ask you to pay for this. Let them bear the cost of any legal action especially if their argument won't hold up in court. Good Luck!

My expertise is more in commercial leasing than residential, but I am really fairly certain that unless you specifically caused this plumbing leak through negligence, you bear ZERO responsibility for fixing it. Furthermore, if the house is not habitable, your Landlord's policy may cover the cost of relocating you into temporary quarters until it's fixed. (If not, then check with your renter's insurance policy on this.)Do not agree to pay anything until you've spoken with your insurance broker. He or she can give you qualified advice on how to proceed from here.

Also - before you move back in (if you move back in), you should insist upon seeing an Indoor Air Quality (IAQ) report performed by a licensed third party company. Because they didn't start the cleanup for more than a month, the mold issue is likely huge by now. (Whatever contractor said they were waiting for it to dry out first was dead wrong - the sooner you start the repairs, the less the mold can spread.)

Your renter's insurance should cover the cost of replacement beds, furniture, etc. If they tell you that isn't covered for some reason, have them work with your Landlord's insurance company on your behalf to get these items replaced.

You may want to ask an attorney about this, but I don't think it's your responsibility as a renter to pay for damage caused by leaking pipes. That should be the owner's responsibility. I would not pay his deductible unless you guys were actually responsible somehow for the damage.

I personally would probably move out of there. It doesn't sound like you have the greatest landlord. If many of your furnishings were soaked through, you may have to throw them away. Hopefully your renter's insurance will cover things like new beds, etc.

Hi A.- I am so sorry this happened to your family. Like the others, I think the landlord is responsible for any expenses. If it was through no fault of your own they should not only pay to fix the leak, clean the mold up and maybe even pay for your damaged items. I know a family this type of thing happened to and the apartment complex had to put them up in a hotel while they repaired and cleaned up. This was a very large, high end corporate run complex that followed all the laws. I do not think they would have paid a dime unless they were required to by law. Also you are right to be concerned about how well the mold is cleaned up, it can be very dangerous especially for kids. I would try to find some legal advice soon!

Um WAIT a minute here! Your landlord expected you to pay for it?? Was the leak from your negligence? I would get the report from the plumber. If it was NOT your fault then none of it should be your expense! Reread your lease carefully, see what it says about damage. Talk to your insurance company and see if they can help. They also should be able to give you some ideas about the mold and how to deal with your landlord. I would NOT pay a dime until you get some answers. It may be your landlord's responsibility to pay for your furniture as well! I definitely wouldn't be paying HIS deductable unless it is written in your lease! I am sorry you are having to go through this.