My landlord is poisoning me. And wants to poison you too

[Sean Cassidy]

Hi everyone. I live in a 60 year old building in Miami that is in terrible shape due to mismanagement. As a result of this, the entire building is infested with mold. Including my unit. I know this because I had it tested by a certified and licensed mold inspector. I also had a blood test and have a serious mold infection that is making me very ill. I have told my landlord this but she refuses to remediate the unit. She is trying to evict me based on a technicality in the lease ( I let a girl move in without telling her). The girl broke her leg while visiting me and I did not have the heart to throw her out with a broken leg after  she over stayed her promised one week stay in my condo. This particular building is notorious for mold. Of course, I should move but rents have nearly doubled in my area post covid, and this would be a problem for me. There is no mention of mold in my lease.

So my question initially is fairly simple. Can my landlord continue to lease my unit out to new and prospective tenants if she knows it is infested with severely toxic black mold? How about real estate agents? What if they also know it is mold infested?

[Patricia Steiner]

I am curious why you are coming to a real estate investor forum for advice.  I also think it's interesting that you have a horrible landlord, a mold ridden building - yet you moved someone in with you - not only violating your lease but exposing someone else to this toxic mold.  That's on you.  A few things to know:  mold is everywhere. Not all is toxic. And, a general mold inspection from a licensed and bonded inspector generally costs $500 for a small apartment - the kind that stands up in a lawsuit.  A general blood test won't detect mold allergens.  As you probably know "A blood test, sometimes called the radioallergosorbent test, can measure your immune system's response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies."  

Here's what I recommend:  

1. Cure your lease violation - as well as a potential lawsuit against you for knowingly exposing someone else to a toxic building; the authorized person has no claim against the landlord.  She's not suppose to be there.

2. Your mold inspector should have advised you on next steps and his report should have been sent to your landlord and even code enforcement.  It's not tit for tat - if you have violated your lease, that doesn't give you a pass to stay.  Yes, the landlord can continue with evicting you for that reason.

3. Move.  Your landlord doesn't want you there if you're not going to honor the lease and you don't want to be there either.  With the mold exposure you can prove, why would you continue to stay?  That indicates that you are not concerned for your health.  You're not doing yourself any favors by continue to live in a building that you have found to be toxic to you.

You will have a better chance of getting your security deposit back and finding a new healthy place to live if you cure your lease violation and send a written request along with your inspection report and blood test findings to your landlord demanding early termination due to the evidence provided.

I've known landlords who have received tenant and/or attorney letters regarding mold in their rentals.  The tenants who prevailed with remedies that included getting their security deposit back as well as assistance with a new rental were the ones who reported the problem, documented it, and requested either a temporary place to stay while corrected or early termination of the lease.  Your landlord may not be taking you seriously if the mold claim is a response to the lease violation action.  Again, one doesn't cancel out the other.  And, even if the landlord was to remediate, you cannot live there during that time - nor can anyone else, authorized or not.

I hope you will take care of your health and your credit (an eviction is a FICO killer) and make arrangements with your landlord to move.  Best...