Mushrooms coming out of my wall....

A General Discussion forum for cars and other topics, and a great place to introduce yourself if you are new to NICO!
followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

So I don't know where to post this, but here goes. I've got mushrooms growing out of my bedroom wall below the window sill and above a cutout in the wall that once housed an A/C way before we moved in and it was covered when they renovated the place.

Image
Image
Image
Image

So, been living here for over 1.5 years and Friday night I come home and there's a freaking shroom on my wall! I immediately called the super that night at 2330 and he tells me "I'll check it out first thing on Monday". I told him that was unacceptable and there must be a huge fungus/mold infestation in the wall that has been there for a while. He kept insisting that he needs to come on Monday and I told him "No, you NEED to come up tomorrow, that's it." So he came up at 0930 and as soon as he walked into the room he said, "I know the problem, your A/C is causing water to go down the wall. You put it in the window with not enough tilt, and the tenants are responsible for their A/Cs."

I saw his game from a mile away.... Get the tenant to pay to fix the problem and you'll have a repaired wall with no money out of the buildings budget... What I REALLY think is causing it is probably the way they sealed the hole in the wall, and maybe the window seal.... But its not coming from my A/C.

So I told him I've never seen any condensation on the window and you'd see surface mold way before any kind of damn mushroom popped out. And then he kept coming up with stupid crap and contradicting himself and I told him that my girlfriend's asthma has been acting up and it is probably because of poor air quality in the apartment, and he didn't say anything. He just said, "I cannot have anybody in here until Monday morning when the building manager can come in and inspect it. You're good at your job and I'm good at my job, and I will bet my job that the A/C is causing that." I said, "Monday? What about my girlfriend's asthma?" He goes, "If I bring in someone this weekend without the manager knowing, who's going to pay for it? Me..." I said, "Ok, so if my girlfriend goes to the ER who's going to pay for it? I'll send you the bill is that ok?" So didn't answer me, he just told me to have a nice day (basically f-off), and left and I called 311 and complained. Someone from HPD (Housing preservation and Development) is supposed to call me within 72 hours of Saturday morning. Haven't yet.

Fast forward to today, the stupid rude woman (manager) comes into the apartment with the super this morning just after 8am, doesn't even greet us (And I'd never met her before), looks me up and down, walks right into the bedroom and just like the super, says, "You know what's going on here?" I said, "What's going on here?" (already knowing what she's going to say)... She goes, "Its the A/C... Yeah there's condensation building up....." And I was so pissed. I said, "Even if that were the case, if it were coming down the surface of the wall, there should be surface mold way before something like this.... So its coming from inside the wall, and the experts I've spoken have said that for mushrooms to sprout like that there has to be a whole lot of fungus/mold inside the wall and it would have had to have been there for quite a long time. Just month or so of A/C on only at night will not cause this." She went on to tell me that I'm wrong and progressively raised her voice to try to subdue me.

She went on to say how I didn't have my A/C in right, yadda yadda yadda (and I had it in right this whole summer so far, but last night I took it out and tilted it around to see where the water was dripping from and put it back in the window with more of a tilt than usual for their liking when they came today, so TODAY it wasn't in "right"), and how I should have told them the first time I saw condensation on the wall.... I told her that there was never any kind of condensation on the wall EVER and she didn't listen to me.

She told me that the building would take care of it, but if the guys that came in to fix it found it to be my fault, I'd have to pay..... I flipped... I said, "There is NO WAY I'm paying for this.... You can say whatever you want, but if I have to I'll call the DOH, Code Enforcement, and seek legal aid and you won't get a cent. *IF*.... *IF* I end up paying for this, the receipt of payment for the bill will be submitted to you as my rent. I'm not paying a dime, and I want you to be clear on that."

She got more mad and raised her voice even more..... So she said, she would get in contact with me at some point to get someone in here to open the wall. And I asked, "A mold specialist?" She said, "No." I said, "Well I've researched on that as well, and I know that there are precautions that need to be taken so that when the wall is opened, spores don't get airborne and spread throughout the house and go everywhere and contaminate everything, so NO.... Some guy is not going to come in here and kick my wall in.... You need to get a mold specialist here that will do it right." She goes, "Ok" and basically rolled her eyes at me and walked into the living room on her way out. She then tried to tell me that my living room A/C was in improperly as well and then ate her words when she walked up to it and saw it was good. I said, "Give me a break, that's your default answer huh? A way to take liability off the building. You'd think I live here for free to get treated like this." Then as she walked out the door she started raising her voice again, and I simply told her, "You have 24 hours to get a certified mold specialist here or I'm involving the city" and I slammed the door on her...

30 mins later the super calls me and tells me that the manager will have someone here between 6:30PM and 7:00PM tonight to get at the wall in the bedroom. So I asked him what company they were from and if they were mold specialists. His answer? "I don't know the company and I think they are specialists." So I asked him to find out. He told me he didn't know if he could, but if he could, he'd call me back... So BS, he's not calling me back..... But if they come here tonight, and they don't have any credentials, I'm kicking them out of my apartment and talking to a lawyer. And even if they DO provide credentials, how do I know the manager didn't throw him a few hundred under the table to "find" that the problem is coming from me and save them a few grand? I'm going to talk to a lawyer anyway because it will cost $600-$900 to get an environmental hygienist to come in and test everything and recommend to a mold specialist like ServPro the best way to open up the wall, and then for ServPro to come in and do everything it will cost up to $2000. So just for me to get an independent non-biased party in here to try to determine the cause of the mushrooms, it will cost me $3k.... I wish I knew a mold guy personally to hook me up but I don't. I don't even know what my rights are in this situation, and 311 was really no help either. My building is rent controlled so the city is supposed to be on top of what goes on here, but it doesn't seem that way.

I'm very frustrated and I'm not sure what to do here. Anybody have any advice??

Thanks


User avatar
ImStricken06
Posts: 4511
Joined: Wed Dec 07, 2011 8:45 am
Car: 2008 Nissan Rogue (sold)
2013 Hyundai Santa Fe
2016 Kia Sorento
Location: Within Range
Contact:

Post

lol you know.... TECHNICALLY this doesn't belong in this rogue room; but due to the severity of this issue, and due to the fact that we are a tight-knit community on here with great folks such as yourself, this can stay for a few LOL

regarding the mushrooms: Do not ignore this issue! Mold and fungus (mushrooms are fungi) are caused by dampness. If you have conditions that are so right that mushrooms are growing you probably also have mold. This can be a SERIOUS health issue for you, children and pets.It can cause major illness, allergies and breathing problems


TAKE PLENTY PICTURES AND CALL THE LOCAL HEALTH INSPECTION BOARD. THIS IS VERY-VERY BAD!!!

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

ImStricken wrote:lol you know.... TECHNICALLY this doesn't belong in this rogue room; but due to the severity of this issue, and due to the fact that we are a tight-knit community on here with great folks such as yourself, this can stay for a few LOL

regarding the mushrooms: Do not ignore this issue! Mold and fungus (mushrooms are fungi) are caused by dampness. If you have conditions that are so right that mushrooms are growing you probably also have mold. This can be a SERIOUS health issue for you, children and pets.It can cause major illness, allergies and breathing problems


TAKE PLENTY PICTURES AND CALL THE LOCAL HEALTH INSPECTION BOARD. THIS IS VERY-VERY BAD!!!
Lol thanks for keeping it here.

You know, that's the thing..... Everybody is telling me to take care of it, but every company I call wants to charge me $500-$900 to come and just inspect. I called 311 and they say that HPD doesn't inspect prior, they inspect after the building has fixed the problem to make sure its fixed properly.... Well, if they didn't know what it was like before, how will they know its fixed properly?

I called the DOH and they told me to call HPD which I did when I called 311 and STILL haven't heard from anyone from there. I want to get a lawyer and maybe even call Help me Howard lol(Not really funny but....) just so somebody can help me. Because there is NO WAY I'm going to let the manager send in some non-certified ***hole to improperly break into my wall and then determine that its "my fault" so I can shell out $3k.

Even if my A/C *was* leaking into the wall which its not, I only run it from bedtime to when I wake up in the morning on the hotter nights. Its not run 24/7, so there wouldn't be enough condensation to have this s*** growing. But management won't hesitate to completely disregard facts and go for trying to make me pay.

User avatar
ImStricken06
Posts: 4511
Joined: Wed Dec 07, 2011 8:45 am
Car: 2008 Nissan Rogue (sold)
2013 Hyundai Santa Fe
2016 Kia Sorento
Location: Within Range
Contact:

Post

UPDATE: you'll get more exposure in a diff section. i want all the eyes on this thread as possible. ill leave a shadow thread on here that will redirect.

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

Damn Bro! Ok, first you're on the right track. You assessments are correct, they're trying to save expenses, and shift blame. Her attitude was a dead giveaway.

Research as much as possible. Mold issues as i relates to rentals are a bit vague. Here's some info.
http://www.nolo.com/legal-encyclopedia/ ... 30230.html
http://www.cleanwaterpartners.org/mold/ ... pects.html

As much as I loath lawyers, you should at least consult one. Initial consults are free, and sometimes saying you've contacted legal consul makes them take you more seriously. While you're at it, contact the State Health Department.

Mold and asthma can be a deadly combination. Non suffers just don't understand what we asthmatics have to contend with. A severe asthma attack could be fatal.

User avatar
ImStricken06
Posts: 4511
Joined: Wed Dec 07, 2011 8:45 am
Car: 2008 Nissan Rogue (sold)
2013 Hyundai Santa Fe
2016 Kia Sorento
Location: Within Range
Contact:

Post

all i can say, is start packing your s*** now. you wont be there for long. not comfortably at least. this reno can cause a room or the whole unit to be condemned for days or even weeks as it dries out. furthermore, the b**** super will give you grief up the wazzoo. id give her the option of moving to a new unit, or returning your deposit and canceling your contract - problems free.

User avatar
rdub2k4
Posts: 320
Joined: Sun Nov 25, 2012 3:49 am
Car: 2012 Nissan Rogue SE
2011 Mitsubishi Lancer GTS
Location: San Angelo, TX
Contact:

Post

Woah, I've never seen that before. That's crazy man :\ Shrooms growing out the way...

I hope you get this resolved and quick.

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

ImStricken wrote:all i can say, is start packing your s*** now. you wont be there for long. not comfortably at least. this reno can cause a room or the whole unit to be condemned for days or even weeks as it dries out. furthermore, the b**** super will give you grief up the wazzoo. id give her the option of moving to a new unit, or returning your deposit and canceling your contract - problems free.
Always easier said than done. Hey followingnfront, you're in NY right? Check this out http://www.gslnylaw.com/hp-actions-ndas ... water.html

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

Thanks for the support everybody!

I'm in the midst of trying to find a good lawyer right now. I may call the bar association in my area and have them refer me to one... My dad said the same thing about moving to a new apartment. But if they try to say its my fault they probably won't be willing to do that. But a lawyer may light a fire under an a** or two.

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

So I called a couple lawyers offices (thanks for the link RogueOne) and it seems that everyone is geared toward combatting a landlord that does not want to repair something... Not one that is willing to repair just bill you.

I'm getting nowhere with anyone, and I even called 311 again and they have no phone numbers for HPD or any other city agency. ARGHHH.

User avatar
ImStricken06
Posts: 4511
Joined: Wed Dec 07, 2011 8:45 am
Car: 2008 Nissan Rogue (sold)
2013 Hyundai Santa Fe
2016 Kia Sorento
Location: Within Range
Contact:

Post

i know its hard to gather your thoughts in a scary time, so i figured id search around for you. read this site: http://metcouncilonhousing.org/help_and_answers/mold

The New York City Department of Health can provide information about the health effects of mold exposure and information about the safe removal of mold.
New York City Department of Health, Office of Environmental Investigations at (212) 442‑3372 or the Environmental and Occupational Disease Epidemiology Unit at (212) 788‑4290.
Rent stabilized and rent controlled tenants can request a rent reduction based on reduced services (Form RA-81) by filing a complaint with the NYS Division of Housing and Community Renewal. (Download Form RA-81 or ask for it to be mailed to you by calling DHCR at 718-739-6400.) DHCR tends to act slowly and has limited enforcement powers, so tenants who request a rent reduction from DHCR are strongly encouraged to also take other steps, such as suing the landlord in Housing Court in an HP Action.

If the mold growth was caused by the landlord’s negligence, you may have a claim against your landlord. To seek reimbursement for damages to your property or expenses related to cleanup, you can sue your landlord in small claims court. Keep receipts of all expenses related to inspections, medical bills related to the issue, and cleanup. You might be able to avoid court by negotiating with your landlord.

You have the right by law to withold your rent, and when your landlord sues to evict you and collect unpaid rent, to ask for an abatement (a reduction in the amount owed.) However, there are numerous potentially serious consequences for withholding rent. Always seek the counsel of an experienced tenant lawyer or tenant advocate before deciding to withhold rent.

http://metcouncilonhousing.org/help_and ... g_a_lawyer

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

Ok so.... The guy was supposed to come today and ended up getting hung up in Westchester and I rescheduled for Wednesday. So apparently the guy they have coming does mold (I checked out his website).... However, not only does he work for a cleanup company, he also works FOR THE COMPANY THE BUILDING'S MANAGEMENT COMPANY, so you KNOW he is going to deem this "my fault"....

Sooooo, my girlfriend's dad has a friend that does mold and contracting stuff..... He said he would come in and do everything for us for FREE.... So I figured with my dad's health problems and all the other stresses I've got going on right now, I'd pick my battles and try not to add more stresses in my life by dragging this thing out and fighting them in court if it comes to that, even though it would feel GREAT to stick it to management..... So, I told my super to forget having their guy come, because if there is a chance that I may end up paying for it anyway, I'm just going to have a guy that I want to come in and do it. He said, "Ok, I'll tell manager"....

He calls me 25 mins later and tells me that he told the manager and she said that is unacceptable, and I HAVE to allow their guy to do it. I told my super that he can tell her that what she said has not changed my mind at all and it is within my rights to use someone of my choosing, ESPECIALLY if I'M going to just pay him (they don't know that its free) and take care of it without asking them for a dime.

So now I feel that they are just trying to stick it to me and MAKE me pay them the $2k or whatever it will "cost" their guy to open the wall and "DETERMINE" that it is my fault.

I want to know, I'm not crazy right? Is it within my rights as a tenant to have a contractor of my choice make repairs if I'm paying for it? I mean, couldn't I even fix it myself if I wanted and had the knowledge and know how?

This woman is really going to piss me off!

User avatar
Bubba1
Moderator
Posts: 16082
Joined: Wed Oct 30, 2002 1:42 pm
Car: 2003 Nissan 350z
2024 Honda HR-V
2008 Toyota Corolla S
2001 Toyota Avalon XLS

Post

followingnfront wrote:Ok so.... The guy was supposed to come today and ended up getting hung up in Westchester and I rescheduled for Wednesday. So apparently the guy they have coming does mold (I checked out his website).... However, not only does he work for a cleanup company, he also works FOR THE COMPANY THE BUILDING'S MANAGEMENT COMPANY, so you KNOW he is going to deem this "my fault"....

Sooooo, my girlfriend's dad has a friend that does mold and contracting stuff..... He said he would come in and do everything for us for FREE.... So I figured with my dad's health problems and all the other stresses I've got going on right now, I'd pick my battles and try not to add more stresses in my life by dragging this thing out and fighting them in court if it comes to that, even though it would feel GREAT to stick it to management..... So, I told my super to forget having their guy come, because if there is a chance that I may end up paying for it anyway, I'm just going to have a guy that I want to come in and do it. He said, "Ok, I'll tell manager"....

He calls me 25 mins later and tells me that he told the manager and she said that is unacceptable, and I HAVE to allow their guy to do it. I told my super that he can tell her that what she said has not changed my mind at all and it is within my rights to use someone of my choosing, ESPECIALLY if I'M going to just pay him (they don't know that its free) and take care of it without asking them for a dime.

So now I feel that they are just trying to stick it to me and MAKE me pay them the $2k or whatever it will "cost" their guy to open the wall and "DETERMINE" that it is my fault.

I want to know, I'm not crazy right? Is it within my rights as a tenant to have a contractor of my choice make repairs if I'm paying for it? I mean, couldn't I even fix it myself if I wanted and had the knowledge and know how?

This woman is really going to piss me off!

No, you're not crazy, but whether or not what you're permitted to use your own contractor in this situation depends on the language in the lease/agreements you signed. Your common sense approach may not apply if there's a clause addressing it. I strongly suggest you review the fine print of your lease carefully to see if it is discussed. If it's not discussed anywhere, then you might have some leverage. But if you end up in court, that lease and what it does (or does not) say will be the deciding factor with a judge.

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

Tough call. Using management's guy who will side with them. OR Using your own guy who will side with you, and thereby allow you to bill them for damages. BTW, I always had rental insurance. Can I assume you do, and you rung them up for advice?

User avatar
darylzero
Posts: 1267
Joined: Fri Aug 28, 2009 5:28 am
Car: Nissan Rogue 2009 SL AWD Premium Pkg.

Post

followingnfront wrote: Image
Image
WTF!!!! :wtf2: That is the craziest thing ever.

As others have said mold can be very dangerous, so be careful. You are correct not to just let them rip that wall open.

If you or anyone else in the house have had trouble breathing or headaches the mold is almost certainly the problem.

Good luck with everything.

User avatar
ImStricken06
Posts: 4511
Joined: Wed Dec 07, 2011 8:45 am
Car: 2008 Nissan Rogue (sold)
2013 Hyundai Santa Fe
2016 Kia Sorento
Location: Within Range
Contact:

Post

YOU CANT USE CONTRACTORS ON HER BUILDING. i'm almost positive any "hard" changes to the building require her permission. dude you dont owe her a penny. even if the contractor states so, go to small claims court and explain. courts 90% always on the side of the tenant.

User avatar
Dattebayo
Posts: 33288
Joined: Sun Aug 25, 2002 10:04 am
Car: 2004 Nissan Frontier Desert Runner
Location: NE DC

Post

Wow, you guys are surprised? He said clearly he lives in a rent controlled building, of course they're being cheap! And no, you' are never allowed to use your own contractor on an apartment, that's pretty obvious. Is this the first place you've ever rented?

User avatar
alms24sebring
Posts: 7332
Joined: Wed Nov 15, 2006 12:18 am
Car: '97 Nissan 240sx. First Nissan. First love. Sold.
'04 Nissan Sentra SER SpecV
Location: Alexandria VA

Post

LOL!! But yes very dangerous. Have you played The Last of Us :ohno:

$5 says you wont eat it

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

Dattebayo wrote:Wow, you guys are surprised? He said clearly he lives in a rent controlled building, of course they're being cheap! And no, you' are never allowed to use your own contractor on an apartment, that's pretty obvious. Is this the first place you've ever rented?
Of course some of us are "surprised". The last time I lived in an apartment was almost 20 years ago, so I'm a little fuzzy on things, and it wasn't subject to some of the same restrictions that you find in the big city.

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

Thanks everyone for the responses.....


@RogueOne... I do not have renter's insurance unfortunately... I'm definitely going to look into it though

ImStricken wrote:YOU CANT USE CONTRACTORS ON HER BUILDING. i'm almost positive any "hard" changes to the building require her permission. dude you dont owe her a penny. even if the contractor states so, go to small claims court and explain. courts 90% always on the side of the tenant.
That's what I'm going to do. The guy she is sending is an evnironmental hygenist/surveyer and is going to take samples, etc. to see what is going on and how to go about remediating it... Then they will come back and do their thing....

I'm going to let them.... And if she tries to bill me, she will have to take me to court.

User avatar
gwoods
Posts: 3892
Joined: Fri Jul 27, 2007 11:57 am
Car: 2013 Infiniti M37x
1999 Nissan Altima SE limited 5spd
1992 Miata (soon to be turbo)
1965 Cj-5 with 327 v8
2012 Toyota Sequoia Limited
Location: Phoenix

Post

What is your goal?

#1> move
#2> stay without paying for repair
#3> stay and pay repair

For option #1 and #2 you will need an attorney. Look for real estate lawyers and find one that will take your case.
What is the goal of your case? Are you suing for pain and suffering or to get them to repair the wall.

I think a letter from an attorney threateing suit might be enough to get their attention but you will need to pay something to retain the attorney and draft the document.

My wife and I moved back to Phoenix in 2003. Unsure of what part of town we wanted to live in we rented in a new apartment complex we were the first people to live in our ground floor unit. We came home one day from work and our exterior common hall has about 2" of standing water, inside our apartment the kitchen and one of the bathrooms is also full of water.

We called they turned off our water for a day no compensation. We came home and they had cut holes in our interior and exterior walls looking for the leak. This went on for about 2 months. I paid an attorney a couple hundred to discuss the case with me and draft a letter to the apartment complex. The apartment complex paid our electric and water bill for the 2 months but would not let us break our lease. We went house shopping bought a new build house that was finished about 2 months before our lease was up. We moved and still paid 2 months of rent on the apartment while living in our current house.

It would have cost me more initially to sue the apartment complex then it would to just pay out the lease and move. The apartment complex could also countersue us and if they had a better lawyer who knows. We wrote letters and sent pictures to the state attorney general office asking for help, we wrote letters and sent pictures to the better biz burea and gave bad reviews on all the yelp style websites we could find.

Good luck!

User avatar
gwoods
Posts: 3892
Joined: Fri Jul 27, 2007 11:57 am
Car: 2013 Infiniti M37x
1999 Nissan Altima SE limited 5spd
1992 Miata (soon to be turbo)
1965 Cj-5 with 327 v8
2012 Toyota Sequoia Limited
Location: Phoenix

Post

I dug out some pictures of our apt that I took to the attorney and sent to BBB and state attorney general. Even with giant holes in our walls and water everywhere inside and out our lease was unbreakable without court and still a dice roll.

Image

User avatar
gwoods
Posts: 3892
Joined: Fri Jul 27, 2007 11:57 am
Car: 2013 Infiniti M37x
1999 Nissan Altima SE limited 5spd
1992 Miata (soon to be turbo)
1965 Cj-5 with 327 v8
2012 Toyota Sequoia Limited
Location: Phoenix

Post

Oh side thought, if the mushroom is magic you just might have a lucritive side job on your hands there. Better to taste it and be sure :biggrin:

User avatar
Jesda
Posts: 39644
Joined: Mon May 05, 2003 1:50 pm
Location: STL, DTW
Contact:

Post

Must be nice to feel wanted.

My complex said they'd have no problem with me leaving at any time. I wasn't sure what to think of that.

User avatar
sx moneypit
Posts: 8911
Joined: Wed Aug 26, 2009 2:54 am
Car: 2010 Nissan 370Z
1986 Toyota MR2
Location: Memphis,Tn.

Post

Jesda wrote:Must be nice to feel wanted.

My complex said they'd have no problem with me leaving at any time. I wasn't sure what to think of that.
:chuckle:

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

Rent Guidelines Board http://www.housingnyc.com/html/resource ... ml#options
My landlord never followed through on promised improvements. Where do I turn for breach of lease?

Your rights are defined by your lease and by state and local law. If the lease specifies the services or improvements and the landlord has not performed, s/he has breached a legitimate contract and you may demand damages or performance.

If the improvements simply concern amenities which do not effect the habitability of the apartment, you could sue the landlord for damages or to force him or her to abide by the terms of the lease. The court you choose will depend upon the amount of damages claimed and the type of relief sought. If the improvements concern habitability, you may seek an inspection to determine if there are housing code violations and you could sue for repairs in the "HP Part" of the Housing Court. If the improvements involve a service which has previously been supplied to the tenants of the building, you may want to consider filing a reduction of service complaint with the New York State Division of Housing and Community Renewal (DHCR) at (718) 739-6400.

We suggest you obtain a consultation with a private attorney. The following tenant groups may advise you on where to look:

*Met Council on Housing (212) 979-0611
*Tenants and Neighbors (212) 608-4320

User avatar
Rogue One
Administrator
Posts: 7946
Joined: Tue Jun 14, 2011 10:15 pm
Car: 2011 Nissan Rogue SL
2012 Nissan Rogue SL
2022 Honda Pilot SE
2025 Honda CR-V Sport L
Location: Florida, USA

Post

gwoods wrote:Oh side thought, if the mushroom is magic you just might have a lucritive side job on your hands there. Better to taste it and be sure :biggrin:
Image
Last edited by Rogue One on Thu Aug 01, 2013 7:53 am, edited 1 time in total.

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

I really want to just stay for the rest of my lease (about 7 months) and leave then..... But I don't want to pay for this repair/damage. She is trying to get an environmental guy come and test the air/walls, etc and then she wants the SUPER to come and open the wall and remediate the mold... Isn't that so stupid? I'm not letting her do that. The environmental guy can come absolutely, but nobody but a mold guy is opening my wall.

User avatar
Dattebayo
Posts: 33288
Joined: Sun Aug 25, 2002 10:04 am
Car: 2004 Nissan Frontier Desert Runner
Location: NE DC

Post

You know, I'm not a mold expert by any means, but I can't see why who does the opening of the wall would make a difference.

Either way, someone has to break out a sawzall, cut open the wall and make a bunch of dust. Also, either person is going to make you cover your nearby things with a plastic drop-cloth or else move them out of the way...

followingnfront
Posts: 1084
Joined: Sat Jan 26, 2013 3:32 pm
Car: 2017 Maxima S

Post

Dattebayo wrote: Also, either person is going to make you cover your nearby things with a plastic drop-cloth or else move them out of the way...
The Super wont! He is a jerkoff pardon my French, and they are not taking this seriously. There is a way to seal off the room called "containment" when you open a wall that has mold/fungus inside so the spores do not spread through the air in your apartment and contaminate everything.

For instance, the super came in the other day with a big piece of plastic with which I thought he was going to cover/seal off the portion of the wall where the mushrooms were sprouting so that it would contain the spores to just that one area... Know what he did? He taped the plastic to the window sill just beneath the A/C so that it would prevent the water that is "dripping from my A/C" from running down the wall (And there is no water dripping btw... This is just them insisting that it is)..... Then he left with the portion of the wall with the shrooms exposed and I had to seal that off.... He's not worried about doing it the right way at all...



****On a sidenote....... So this morning I spoke to the environmental guy that they are sending, and he asked me how Saturday looked with my schedule... I told him that Saturday wouldn't be good because I work a 16 hour tour 0800-0000 and he asked me what kind of work I'm in and I told him that I'm in EMS and I do 911 in the city... He said, "Oh I totally understand, I know someone who is a PCA in xxxxxx Hospital and they have long hours too..." I said, "Really? I work for that hospital... That is where I work. Small world."

He goes, "Oh yeah? Do you know Doctor xxxxxx?" I said, "Yeah as a matter of fact, he took care of my dad when I brought him there. Doctor xxxxxx was very attentive and very good, and he is a nice guy and I see him in the ER all the time."

The Environmental guy then goes, "Really? Well Doctor xxxxxx is my brother.... So I want you to know that just what you said about him, you can say about me too.... I don't work for your management company.... And now that I know who you are and where you work, I want you to know that I'm going to take care of you..... When I come on Sunday, you tell me what you want to have accomplished and I'll make sure it gets done!"

I couldn't thank him enough. Now I'm kind of optimistic! What a small world indeed.

When I got off the phone with him the manager called me again and asked me if I had spoken to him. I said yes, and she said that he mentioned to her that he knows some people I know. I said, "Well, I don't know THIS guy, but he knows where I work, yes..." (Because I don't want to give it away that he may help me out in the way of who gets/doesn't get blamed for this mold)... And she asked if I was comfortable with him. I said yes and she told me to take care and we hung up. I'm not exactly sure why he told her that he knew me or that he knew anybody that I knew (seems kind of like a heads-up to management), but hey... If he said he'd help me, I've gotta believe he will if he is anything like his brother.

So this may turn out in my favor without too much heartache or pain afterall. Hopefully. :)

How you like dem apples?


Return to “General Chat”