Posted by Sharon on 9/08/10

More | Report Post

Appellate court: Tenant justified in moving out of
apartment where mold destroyed the furniture, books and
child's toys
Published: Wednesday, September 08, 2010, 2:00 PM
Lillian Shupe/Hunterdon County Democrat

Hunterdon County Courthouse

RINGOES — A mother and her little girl who were run out of
their apartment by toxic mold is entitled to double her
security deposit, the appellate division of the New Jersey
Superior Court has ruled.

Marusiak later found mold inside her couch and ended up
discarding many of her daughter’s toys, books and shoes.

The mold was tested and Marusiak did some research on the
Internet and discovered that the most of the molds
identified were classified as toxic and dangerous. She told
her landlord she would be leaving “as she was concerned
about her young daughter's health, adding that she herself,
had ‘been feeling quite sick for some time’”

She moved out on Aug. 18, 2009. When McCall refused to
return her $1,800 security deposit plus interest, Marusiak
filed a complaint in Superior Court n Flemington seeking
double the amount of her security deposit since she was
forced out of the apartment by the mold.

After a bench trial, Superior Court Judge Peter Buchsbaum
awarded judgment in favor of Marusiak, in the amount of
$3,391 plus costs. After rendering his decision, Buchsbaum
said, “there doesn't seem to be any dispute that there was
a mold condition here, that it was serious and it needed to
be addressed.”

As for the counterclaim, he said that if McCall had found
other damages, he should have notified Marusiak properly
instead of waiting to mention them in the counterclaim.
McCall appealed.

The appellate judges agreed with Buchsbaum’s ruling and
wrote, “The undisputed evidence established that four
months into the lease term, plaintiff discovered serious
mold conditions throughout the apartment that had not only
damaged her personal belongings, including her young
daughter's toys and books, but had caused plaintiff herself
to feel sick. The laboratory report obtained by defendant
confirmed not only the existence of mold but the potential
risks. Defendant's remediation efforts, namely two
dehumidifiers and an air conditioning system that was
inoperative when he was away from the premises, did nothing
to address the problem.”

Although no expert witnesses testified regarding the
toxicity of the mold, it was clear the fungus destroyed
Marusiak’s property and caused her to feel sick, the judge
ruled.

Buchsbaum ruled that Marusiak was “constructively evicted”
because the landlord failed correct the situation and the
mold condition resulted in “a breach of the covenant of
quiet enjoyment” of the apartment as implied in the lease.

In affirming Buchsbaum’s ruling, the appeals judges
wrote, “Under the circumstances presented here, we are
satisfied that the trial judge was correct in finding that
plaintiff had been constructively evicted from her
apartment, and therefore was not liable for the rent
claimed by defendant” and was entitled to getting double
her security deposit.

NJ App Ct~Tenant Justified In Moving~MOLD

Black Mold Claims Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST