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    Re: HVAC Mold Inspections

    Posted by Deborah on 3/02/08


    As you pointed out, you are not an attorney. There is an implied warranty of
    habitability when a property owner puts out a place to lease. In this case, it was
    already breached when he concealed and/or failed to disclose a defect, compounded when
    he allowed the damage to continue by failing to inform and taking steps to have his
    servant continue the concealment, and doubly compounded when he refused to remediate or
    to let occupant remediate, moving to evict (retaliatory eviction) based on false
    information in order to prevent laboratory analysis determining toxins present. The
    suspensive appeal brought an admission that an employee of a government agency tasked
    with taking samples for chemical analysis was being kept apprised of property owners'
    actions and intent of those actions. Testimony provided in court by property owner
    revealed the true intent and an involuntary admission that the eviction requested, based
    on no lease, was a complete fabrication.

    This is a case where the powers that be were determined that no precedent would be set,
    especially not by some uppity woman. However, your advice is good and surely requesting
    an inspection alone will prompt some prospective landlords to action and spare some
    tenants misery.

    We are speaking apples and oranges here, so let us take Dakota wisdom to heart and
    dismount this dead horse. I am busy and so are you. While you do answer some questions,
    you avoid others pertinent to clear discussion. Let us resolve to waste no more ink.

    "The great enemy of clear language is insincerity. When there is a gap between one's
    real and one's declared aims, one turns as it were instinctively to long words and
    exhausted idioms, like a cuttlefish spurting out ink."
    - George Orwell

    On 3/01/08, Deborah wrote:
    > Hummm RD,
    > RD,
    > I tried to post a response but it didn't make it past web filter and I cannot figure
    > out what is tripping it. I must run now, but I'll try to send it piecemeal later.
    >>> 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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