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OddButWhy
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28 Jun 2013, 5:29 pm

Just a quick note right now but I'll write mre later. Put your 60 days notice in writing, repeating what you spoke with her about, that the termination of the lease is mutually agreed upon, and your understanding that your security deposit will be returned. Ask for her to acknowledge this in writing also, "to make sure there is no misunderstanding." If you get her agreement in writing, there's not much her family can do later, except hold your security deposit hostage.

Never mention anything about the lease automatically renewing!

I don't have time to fully flesh this out right now, but I'll try to get back to edit this or PM you later tonight or tomorrow morning.

Nice work getting her to agree, if only verbally!



GoonSquad
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28 Jun 2013, 8:06 pm

GOSH!
I was about to message you and see how things were going since I haven't been around much in the last few weeks....

But I'm sorry to see things have been going HORRIBLY.

I think OddButWhy is right. You should put the terms that you and your landlord agreed to in writing and get her to signoff on it. And then you need to get the heck out of there, if you think that place is making you sick.

Good luck. I wish there was something I could do to help....


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Repent
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28 Jun 2013, 10:44 pm

I've had a problem with black mold in the bathtub for about 10 years. Its ugly and I've tried every cleaner on the marketplace to get rid of it- nothing worked?

The mold seems to be slowly eating through the plastic seems of the bath curtain. I figure after about 10 years its eaten through about 2/3rds of the seems. I figure when it runs out of this plastic to eat it will die off. So another 3-5 years and the problem will solve itself?


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OddButWhy
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29 Jun 2013, 1:54 pm

Repent wrote:
I've had a problem with black mold in the bathtub for about 10 years. Its ugly and I've tried every cleaner on the marketplace to get rid of it- nothing worked?

The mold seems to be slowly eating through the plastic seems of the bath curtain. I figure after about 10 years its eaten through about 2/3rds of the seems. I figure when it runs out of this plastic to eat it will die off. So another 3-5 years and the problem will solve itself?


How about replacing the shower curtain?



FlanMaster
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29 Jun 2013, 2:44 pm

first, you have tenent rights. second as already mentioned, document everything. Third, In "2 party" states, states that require both parties to KNOW of a recording, this is simply "to know", not expressly nor documentedly "consent". example, you call a company that has an automated system that states "this call may be monitored or recorded for quality purposes". The simple fact that you continue is "implied consent". Also, this knowledge is simply to make it admissible in civil court (law suits) and is subject to multiple exemptions. Freedom of the press (get your local news station involved, criminal evidence (even if you recorded in secret, if they say something that proves a crime, the prosecutor can still admit the recording into evidence, you just might be also in violation of a regulation but they can still use it, etc.) to name just a couple.

If you are moving because of possible mold induced health issues and have an automatic renewal clause then you NEED to get proof and documentation. send your landlord a registered letter (requires signature for acceptance) or similar, preferably via an attorney or magistrate, that reiterates your discussion, including her responses, comments and the agreed upon "last day", include a reiteration of your phone conversation about the mold, including her passing you to a relative, and the relative telling you to find another place to live, mentioning the lack of ventilation and their failure to make specific repairs as a possible cause, with a suggestion that they have testing done, (c.y.b.) ending with a paragraph that says something to the affect of " thank you for releasing me (on date of conversation) from our rental agreement. If you have any further comments or questions please conact me prior to my leaving."

KEEP A COPY OF THE LETTER, and take it to the clerk of courts, with the signed receipt that proves they received it, and enter it into public records. This does multiple things for you.

1: It documents both your discussions and your understanding of their agreeability of you leaving.
2: It provides proof that they have been made aware of the black mold, thus preventing them from trying to blame you for the mold problem and trying to keep your deposit, or worse, sue you for cost of repairs.
3: It provides both a time limit for them to contest "your understanding" (until you leave), and proof that they had time to make you aware of any disagreements they had regarding your letter. thus limiting their ability to legally contest your leaving causing them any hardship.
4: the public record makes it easier to submit as evidence, both for you and for other tenants should it become necessary, either for your defense or any damages you may need to recover after you are gone.
5: It limits their legal options and prevents them from lying should they suddenly become vindictive.
6: it documents that they verbally evicted you because you notified them of the mold (without having to state that exact comment.), thus making them legally liable to you should you need a reason to "counter sue"

Even though the landlady has "limited" english, she is obligated to find someone to translate for her. so the letter gives you some protection legally.

You don't have to use the letter, if you don't want to initiate anything, but it gives you protection, especially when they fail to respond or if they respond defensively. The only way they limit your protection (via the letter) is if they both apologize and fix the problems. Unless they do both of these, prior to the end of the 60 day notice, in a manner they can prove on court, Then your letter is your shield against them taking any action that would cause you problems, and your protection if they try.


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blueroses
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01 Jul 2013, 6:32 pm

Finally, some good news. :)

I was able to get a signed acknowledgement of our previous verbal agreement. My LL also let me know she spoke with her family and they seem okay with the arrangement.

So, now it's just up to me to find a decent new apartment and get my myself out of here. Thanks everyone for your advice and support.



OddButWhy
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01 Jul 2013, 8:11 pm

Yay!

Good luck with the apartment hunt!



AgentPalpatine
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02 Jul 2013, 1:28 pm

That's good...no....Great news!


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blueroses
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03 Jul 2013, 4:39 pm

OddButWhy wrote:
Good luck with the apartment hunt!


Thanks, I appreciate that. I have to say that this whole experience has made me really paranoid as I'm looking for a new place, though. Last night, I found what seems like a great place and sort of fell in love with it, but the apartment is on the first floor with a basement underneath it and duct work for central air. So, who knows what could be lurking in there? The building seems well-maintained, but I think I'm going to have to ask to see the basement before signing anything ...



DigitalDesperado
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05 Jul 2013, 10:55 pm

Finding a new place to live and moving is always a hassle, but you definitely made the right decision.

I don't know much about mold, but I'm certain that you don't want to be living with it if you are having issues with your health. Even if they agreed to remove the mold, there is no guarantee it would have been completely eliminated.

Basements are spooky, you just know, that if something is lurking.......... it's going to be lurking in the basement. Bring a really big flashlight and a crucifix and I'm pretty sure that you'll be fine



OddButWhy
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07 Jul 2013, 6:52 pm

blueroses wrote:
OddButWhy wrote:
Good luck with the apartment hunt!


Thanks, I appreciate that. I have to say that this whole experience has made me really paranoid as I'm looking for a new place, though. Last night, I found what seems like a great place and sort of fell in love with it, but the apartment is on the first floor with a basement underneath it and duct work for central air. So, who knows what could be lurking in there? The building seems well-maintained, but I think I'm going to have to ask to see the basement before signing anything ...


It would certainly be a good idea to check for any signs of moisture.



blueroses
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10 Jul 2013, 5:27 pm

Found a place and am signing a lease on Monday. I'm not sure anyone cares, lol, but I'm excited and just wanted to share my news with all of WP. :)



hanyo
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10 Jul 2013, 6:31 pm

blueroses wrote:
Found a place and am signing a lease on Monday. I'm not sure anyone cares, lol, but I'm excited and just wanted to share my news with all of WP. :)


That's great. I'm happy for you.

The year before last I moved from my old apartment that was deteriorating (leaky roof in my bedroom and the furnace wasn't working right) and I am so glad to be in my new place. It's not perfect but it's way better than my old place and bigger. It allows pets too which my old place didn't and now I have 2 kitties.



blueroses
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10 Jul 2013, 8:33 pm

I'm happy for you, too. Glad your situation has improved!



OddButWhy
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10 Jul 2013, 8:40 pm

Good luck in the new place!



FlanMaster
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12 Jul 2013, 12:18 pm

es, good luck :)


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