I moved into this rental house in July with my young daughter. Noticed a musty smell (the landlord had said was just because it was closed up). It never went away, no matter how much I cleaned, kept windows open, etc. and it worsened whenever the A/C was turned on.
I kept exploring what it could me---the basement was the worst of it, but the smell was throughout the house and again, worsened when the AC was turned on.
There was a dehumidifier in the basement, but it would ice up within 30 minutes (I included that in information I gave to the landlord--along with other issues). I noted signed of damp in the basement, sometimes a little water, water damage in the basement.
Once the furnace was running, the odor dissipated somewhat---but then I started realizing there were more problems---weird icicles running down the entire side of the house, and into the windows and window frames.
He had not painted, but I planned to paint the dining room and kitchen (ugly dark red)---but then noticed that the paint is all bubbled up underneath the window. It's mildewed and mold beneath it. There is mold in the window frames, etc.
There have been other constant issues with old pipes, old wiring (original 1940's), original light fixtures, etc. and he will only do the bare minimum to repair/replace and only when it HAS to be done (as in when the utility sink won't drain at all---twice within a month, when I'd let him know early on that all the drains are very slow". It's apparent that nothing has been done to maintain, repair or update this home for years and years. There is definitely a drainage problem, especially on the east side of the house. Damaged, smelly, rotted insulation in the attic.
So---visible area of mold/mildew, bad odor, signs of leaking, water damage.
I notified the landlord of all of my concerns on 2/5/2010--in writing. All of the mold, water, HVAC concerns. He sent his maintenance man finally on 2/10. Maint. man dismissed my concerns about mold---but acknowledged water problems from the windows (leaks) and said "of course, we don't know what's in the walls". Said he would do something about it when the weather was warmer and would recommend a dehumidifier for the basement. I never heard another word from the landlord or the maintenance man.
In the meantime, I bought self test kits for mold--two of them. Lots of growth resulted on both Petri dishes (one from the basement and one from the dining room, where the moldy/mildewed/peeling walls are). I took them to a PhD fungal expert/professor at a university here, and he read them. I submitted this info (about having the tests, but not yet the results) and my second notice, in writing, to the landlord on 3/4/2010. The next day, he dropped off a dehumidifier and put it in the basement. There's nowhere to plug it in---only outlets are the 220v for the dryer, and one outlet in the ceiling light fixture. The only way to plug in the washer is to have it plugged into an extension cord and then into the ceiling fixture. The landlord e-mailed me and told me to "unplug the dryer" and get a 3 prong adaptor for the dehumidifier, and just keep exchanging them. (obviously the dehumidifier can't be plugged into the 220v and it's washer plugged into the ceiling fixture, and that's not particularly safe. He said he would call me about the house. He never did. It's now a week later.
Two nights ago, I got a two page letter from the professory on university letterhead---outlining the mold results, that the various growth is somewhat unexpected, and an indication of water problems that need to be addressed, etc.
Also, by the way, I shared with the professor photos of the mold, mildew, water damage, damaged insulation in the attic, white mold in the basement rafters and so on. He suggested that I might want to consider breaking the lease.
From the time we have moved in here, my daughter and I have had constant sinus problems, stuffy noses, sore throats, stomach aches. In the fall, I just kept thinking it was a cold, or whatever, but it never went away. She had infantile asthma. My older daughter lived here for a couple of months and had the same symptoms.
Now, 2 weeks ago, my 5 year old daughter had what appeared to be an asthma attack---I took her to the pediatrician and mentioned the constant symptoms (again), and the "attack". She gave us an script for an emergency inhaler and told me to put her on Zyrtec. Since I got the letter from the professor, I've contacted my daughter's regular pediatrician to see if we can talk to him about the mold and see if he'll write a statement. I could see my doctor as well---I have complained about constant sinus issues to her.
So, as far as I am able to interpret---this landlord is in violation of Ohio Revised Code 5321.04 Section A, 1-3 and possibly 4. He was given written notice on 2/5/2010. 2nd written notice on 3/4/2010...and still has not taken action.
Can I, according to Ohio Revised Code 5321.07--"Remedies of the Tenant", legally terminate the lease? Do I have enough documentation (e.g. photos, copies of e-mails to and from the landlord, copies of e-mails to and from the professor, and the "official" letter from the professor)? If so, how much notice to do need to give him? 30 days, or would 2 weeks suffice?
Any suggestions?
Thank you!!
I kept exploring what it could me---the basement was the worst of it, but the smell was throughout the house and again, worsened when the AC was turned on.
There was a dehumidifier in the basement, but it would ice up within 30 minutes (I included that in information I gave to the landlord--along with other issues). I noted signed of damp in the basement, sometimes a little water, water damage in the basement.
Once the furnace was running, the odor dissipated somewhat---but then I started realizing there were more problems---weird icicles running down the entire side of the house, and into the windows and window frames.
He had not painted, but I planned to paint the dining room and kitchen (ugly dark red)---but then noticed that the paint is all bubbled up underneath the window. It's mildewed and mold beneath it. There is mold in the window frames, etc.
There have been other constant issues with old pipes, old wiring (original 1940's), original light fixtures, etc. and he will only do the bare minimum to repair/replace and only when it HAS to be done (as in when the utility sink won't drain at all---twice within a month, when I'd let him know early on that all the drains are very slow". It's apparent that nothing has been done to maintain, repair or update this home for years and years. There is definitely a drainage problem, especially on the east side of the house. Damaged, smelly, rotted insulation in the attic.
So---visible area of mold/mildew, bad odor, signs of leaking, water damage.
I notified the landlord of all of my concerns on 2/5/2010--in writing. All of the mold, water, HVAC concerns. He sent his maintenance man finally on 2/10. Maint. man dismissed my concerns about mold---but acknowledged water problems from the windows (leaks) and said "of course, we don't know what's in the walls". Said he would do something about it when the weather was warmer and would recommend a dehumidifier for the basement. I never heard another word from the landlord or the maintenance man.
In the meantime, I bought self test kits for mold--two of them. Lots of growth resulted on both Petri dishes (one from the basement and one from the dining room, where the moldy/mildewed/peeling walls are). I took them to a PhD fungal expert/professor at a university here, and he read them. I submitted this info (about having the tests, but not yet the results) and my second notice, in writing, to the landlord on 3/4/2010. The next day, he dropped off a dehumidifier and put it in the basement. There's nowhere to plug it in---only outlets are the 220v for the dryer, and one outlet in the ceiling light fixture. The only way to plug in the washer is to have it plugged into an extension cord and then into the ceiling fixture. The landlord e-mailed me and told me to "unplug the dryer" and get a 3 prong adaptor for the dehumidifier, and just keep exchanging them. (obviously the dehumidifier can't be plugged into the 220v and it's washer plugged into the ceiling fixture, and that's not particularly safe. He said he would call me about the house. He never did. It's now a week later.
Two nights ago, I got a two page letter from the professory on university letterhead---outlining the mold results, that the various growth is somewhat unexpected, and an indication of water problems that need to be addressed, etc.
Also, by the way, I shared with the professor photos of the mold, mildew, water damage, damaged insulation in the attic, white mold in the basement rafters and so on. He suggested that I might want to consider breaking the lease.
From the time we have moved in here, my daughter and I have had constant sinus problems, stuffy noses, sore throats, stomach aches. In the fall, I just kept thinking it was a cold, or whatever, but it never went away. She had infantile asthma. My older daughter lived here for a couple of months and had the same symptoms.
Now, 2 weeks ago, my 5 year old daughter had what appeared to be an asthma attack---I took her to the pediatrician and mentioned the constant symptoms (again), and the "attack". She gave us an script for an emergency inhaler and told me to put her on Zyrtec. Since I got the letter from the professor, I've contacted my daughter's regular pediatrician to see if we can talk to him about the mold and see if he'll write a statement. I could see my doctor as well---I have complained about constant sinus issues to her.
So, as far as I am able to interpret---this landlord is in violation of Ohio Revised Code 5321.04 Section A, 1-3 and possibly 4. He was given written notice on 2/5/2010. 2nd written notice on 3/4/2010...and still has not taken action.
Can I, according to Ohio Revised Code 5321.07--"Remedies of the Tenant", legally terminate the lease? Do I have enough documentation (e.g. photos, copies of e-mails to and from the landlord, copies of e-mails to and from the professor, and the "official" letter from the professor)? If so, how much notice to do need to give him? 30 days, or would 2 weeks suffice?
Any suggestions?
Thank you!!
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