Re: HVAC Mold Inspections

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Deborah:

IF said occupant had followed my advice, then:

1. They would have never moved in.
2. They would have never have been exposed to a mold contaminated HVAC system for
more than a few months.

And you claim said occupant in your case was exposed for more than 2 years.

Hummmm.

RD

On 2/29/08, Deborah wrote:
> 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