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Re: HVAC Mold Inspections
Posted by Rem Dude on 2/29/08

    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


     
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