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  1. #1

    Default Landlord Has Failed to Clean Up Water from Flooding

    My question involves landlord-tenant law in the State of: Alabama

    My lease will terminate August 31, 2018.

    From Feb 11-Feb 14th there was a severe storm that passed through the area and my home was flooded. The water began coming in the night of Feb 11th and continued to rise for nearly 5 days. I contacted landlord and told her about the standing water and that I could not clean it up myself, as I suffer from chronic back pain and that I also could not afford to miss work to clean the mess up. I asked them for help, possibly calling ServPro. They refused. So I had to miss work and clean it all up. A few weeks later my landlady and her husband came down to look at the house and I showed them all the damage and the black mold growing on the walls.

    I've lived in the south a long time and have been through lots of hurricanes and storms and I've never had a landlord tell me to clean up flooding myself.

    Anyway, she refused to get someone out here to take a look at the mold and get that cleaned up as the CDC says you should not attempt to clean it up yourself or it can cause health issues. Not to mention that the landlord is responsible according to Alabama law to make repairs.

    So on Monday I made a request in writing for repairs to flood damage. Landlord refused and then on Tuesday, she gave me a Notice to Quit that stated: "We do not want to rent the cottage anymore and hereby elect to terminate the lease."

    I am well aware that it is illegal to terminate a lease due to a tenant asking for repairs.

    They also happen to live next door and I do plan to contest the eviction once she files with the county court house.

    Basically I want to make sure I cross all my i's and dot my t's before this gets to court. I am going to contest the eviction. I have a Dr. Appointment on Tuesday to see an MD to get tested for mold poisoning because I have had a sinus infection and flu-like symptoms for a month now. It has also been extremely emotionally distressing and I'm going to see a LMHC provider on Friday because I have been traumatized. The landlord's reason for not cleaning the mold due to flooding?

    She claims it is my karma, not hers. (Wow. Just wow. I can't believe what I'm dealing with here.)

    I just want to get some advice on things to document, what to say in court or what not to say. I've already called Legal Services but they were unhelpful at this point.

  2. #2
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    Default Re: Landlord Has Failed to Clean Up Water from Flooding

    If the unit is uninhabitable due to mold, and you report your landlord to housing authorities for failure to clean up the water and mold, the landlord may be ordered to repair the unit -- but you may be ordered to vacate pending repairs. You may end up with a breach of contract action against your landlord, but you may end up having to find another place to live.

    Legal issues aside, if you are convinced that you are suffering from "mold poisoning" and your landlord won't remove the mold, why are you intent upon staying in residence? You have seen your landlord's true colors.

  3. #3

    Default Re: Landlord Has Failed to Clean Up Water from Flooding

    Quote Quoting Mr. Knowitall
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    If the unit is uninhabitable due to mold, and you report your landlord to housing authorities for failure to clean up the water and mold, the landlord may be ordered to repair the unit -- but you may be ordered to vacate pending repairs. You may end up with a breach of contract action against your landlord, but you may end up having to find another place to live.

    Legal issues aside, if you are convinced that you are suffering from "mold poisoning" and your landlord won't remove the mold, why are you intent upon staying in residence? You have seen your landlord's true colors.

    Thank you for your response.

    Unfortunately, I have not yet reached the point where I am financially able to do so. My ex moved out in October, leaving me to shoulder the burden alone and it has been one thing after the other in terms of unexpected expenses. Trust me, if I had the funds, I would have left in February after the flood.

    I can't take time off work (I am a freelance writer working from home, as such, client projects cannot be put on hold.)

    I have given it some thought and I'm confused as to why so many people assume that I can just pick up and move. Moving is expensive and requires time to plan. It also requires that one take time off work to get moved. It's very frustrating to reach out for help with an unlawful eviction to be met with a response such as "Just move." Not everyone is in such a position, but I'm sure you already know that. thanks anyway!

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