Re: HVAC Mold Inspections

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RD:

You proved my point.

Occupant did have HVAC inspection done prior to discovering the water in the hall
and climbing under HVAC closet and looking at intake plenum and coils. Inspection
didn't cover that and inspector was called as occupant was beginning to notice a
correlation to improvement of symptoms upon absence from structure and rapid return
of symptoms upon return to structure.

Inspector examined and recommended cleaning, very knowledgeable, even said property
owner would claim it was a "scam". Property owner did exactly that, took occupant's
copy of inspection and remediation estimate and refused to have it done or to allow
occupant to do it at occupant's expense, in fact, ordered occupant out in violation
of their lease. Water spot was found perhaps two weeks later, leading to discovery
of clogged condensation tube, and coils previously described. Occupant promptly left
in order to protect occupant's health. Property owner contacted, handyman comes in
and tells the occupant of prior visits to "clean" of which occupant was completely
unaware.

Occupant had been, and was, very ill. Occupant discovered that prior to occupancy,
there had been a roof leak of the upstairs unit that caused contention between
occupant and landlord. Upstairs occupant moved prior to other occupants occupancy.

The inspection would have detected nothing prior to occupancy that would have
altered property owner's action, or inaction, nor would it have detected the
seriousness of the matter as the property owner's handyman had been "cleaning" the
top of the coils. As you know, fungal analysis is quite costly.

But, I do agree with you about the need for proper maintenance. That doesn't
resolve the property owner of responsibility for maintenance nor make the tenant
liable for damages caused by the deliberate deceit of property owner.

On 2/29/08, Rem Dude wrote:
> Deborah:
>
> You proved my entire point of this thread. A simple HVAC inspection would have
> caught the problem before said occupant moved in. Secondly, if the contamination
> occurred after move in, then an annual inspection would have caught the
> contamination. EITHER way, said occupant would not have been exposed to mold
> contamination for 2 years.
>
> Let said occupant serve as an example for everyone else - get your HVAC
> inspected for fungal contamination every cooling season.
>
> RD
>
> On 2/29/08, Deborah wrote:
>> 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