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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http://lovebybonnie.blogspot.com
Bonnie, The Boxer, ~2005/2006 - October 26th 2013
We love you always Bonnie. Bless God as you have blessed us.