Re: HVAC Mold Inspections

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Just when I thought there was a person there...sigh..

I know you aren't a lawyer and the lease was standard. Property owner liable for
maintenance of immovable appliances.

Occupant had no idea what was making said occupant ill. Occupant was ill
increasingly ill over a 2 year period. Occupant moved out immediately upon
discovering what the culprit was and moved to have it tested and identified.
Property owner tried to stop this unsuccessfully. Handyman sent by landlord to
"remediate" arrives with a brush and spray bottle and explains several other
unauthorized entries were made during prior year to "clean" coils and that both
handyman and property owner were aware of occupant's illness and cluelessness
about the condition of the HVAC system and the presence of mold within the
system. A retaliatory eviction was attempted to prevent collection of samples.
Samples were collected and identified.

The analysis was necessary to determine what was causing symptoms and proper
approach to remediation before contents could be removed.

You prove over and over that even with a superficial acknowledgment of the
facts, you are quick to reach a conclusion based on your own beliefs or values
rather than justice. This isn't academic, it was my life and represents what is
happening to people by the thousands daily.

On 2/29/08, Rem Dude wrote:
> Deborah:
>
> 1. I am not a lawyer.
> 2. I do not have a copy of the lease to even be able to make an assumption.
>
> My question is - If the occupant was sick and had proof it was from mold
> exposure and had proof that the HVAC system was contaminated and had proof
> that the landlord was not responding, then why oh why was the occupant still
> in the house???
>
> Hummmm...
>
> RD
>
> On 2/29/08, Deborah wrote:
>> If the property owner had knowledge of the defect, concealed it, and failed
>> to inform, and knew occupant was sick with symptoms known to be caused by
>> the problem, do you feel the lease was breached?
>>
>> On 2/29/08, Rem Dude wrote:
>>> Deborah
>>>
>>> Not really. I look at enough of them every day.
>>>
>>> RD
>>>
>>> On 2/29/08, Deborah wrote:
>>>> hmm, "if you don't like it, move" and "if it made you ill, you are a
>>>> whining, card-carrying member of the Victim Industry who is
>>>> genetically inferior, er, susecptible".
>>>>
>>>> Would you like to see the pics and lab report on what was found on the
>>>> HVAC coils in my place?
>>>>
>>>> On 2/26/08, Rem Dude wrote:
>>>>> Deborah:
>>>>>
>>>>> Mold contamination is certainly grounds for breaking a lease if the
>>>>> landlord is unresponsive to requests to correct the problem.
>>>>>
>>>>> RD
>>>>>
>>>>> On 2/26/08, Deborah wrote:
>>>>>> Don't have it in front of me, but standard rule is that immovables
>>>>>> are considered domain of property owner.
>>>>>>
>>>>>> No matter, when I asked to have it done, inspection guy was
>>>>>> labeled fraud by landlord and I was told to leave despite offering
>>>>>> to assist in payment or pay for it all, this after verbal lease
>>>>>> renewal just a few weeks before.
>>>>>>
>>>>>> When the water in hall was discovered just a couple of weeks or so
>>>>>> later, leading to HVAC closet and plugged condensation tube, I had
>>>>>> a good look at underneath of coils and intake plenum. Handyman
>>>>>> said he'd "cleaned" coils 3x during the prior year at landlord's
>>>>>> request...without my knowledge, of course. Handyman said he'd
>>>>>> told landlord coils needed to be replaced or removed for thorough
>>>>>> cleaning...landlord refused to do either. Again, I had no
>>>>>> knowledge of any of this. Water had been flowing under carpet
>>>>>> padding for some time. And, no, my sense of smell wasn't
>>>>>> functioning properly due to prior poisoning.
>>>>>>
>>>>>> When it is my responsibility to do more than regularly change
>>>>>> filter, depending on unit, clean 2 to 4 times per year. In my
>>>>>> camper, it was easy to do frequently. Window units, depending on
>>>>>> where they are located, if done regularly and kept clean, not so
>>>>>> bad. Central HVAC beyond my capabilities without assist.
>>>>>> On 2/26/08, Rem Dude wrote:
>>>>>>> Depends. Read your leasing agreement...
>>>>>>>
>>>>>>> RD
>>>>>>>
>>>>>>> On 2/26/08, Deborah wrote:
>>>>>>>> Let me answer with a question; who is responsible for HVAC
>>>>>>>> evaluation, maintenance, and repair, landlord or tenant?
>>>>>>>>
>>>>>>>>
>>>>>>>> On 2/26/08, Rem Dude wrote:
>>>>>>>>> For those who complain about IAQ related illnesses or the
>>>>>>>>> dangers of mold, how often do you have your HVAC system
>>>>>>>>> evaluated?
>>>>>>>>>
>>>>>>>>> RD
>>>>>>>>>
>>>>>>>>> On 2/25/08, Rem Dude wrote:
>>>>>>>>>> In reviewing last year’s Residential HVAC system
>>>>>>>>>> inspections that we conducted, 100&37; of them tested
>>>>>>>>>> positive for internal duct board/insulation fungal
>>>>>>>>>> contamination and 100&37; of them tested positive for drip
>>>>>>>>>> pan fungal contamination.
>>>>>>>>>>
>>>>>>>>>> In reviewing last year’s Commercial HVAC system
>>>>>>>>>> inspections that we conducted approximately 78&37; tested
>>>>>>>>>> positive for internal fungal contamination.
>>>>>>>>>>
>>>>>>>>>> RD