Follow us!

    Re: HVAC Mold Inspections

    Posted by Deborah on 3/07/08

    What would this $250 mold inspection specifically entail?

    On 3/06/08, Rem Dude wrote:
    > A simple mold inspection prior to moving in to the contaminated apartment could have avoided
    > all the problems for this family. But then they would have been out $250 as opposed to
    > winning $190K in a settlement.
    > RD
    > On 3/06/08, Deborah wrote:
    >> Update: Brookfield man nets $190k settlement over toxic mold claim
    >> By Karen Ali STAFF WRITER
    >> Article Last Updated: 03/06/2008 06:29:05 AM EST
    >> BROOKFIELD -- A man who sued his landlord, claiming the home he and his family were
    >> renting was poisonous, has won $190,000 in a settlement from the landlord's insurance
    >> company, according to a lawyer involved in the case.
    >> Gary J. Tricarico, who now lives on Vale Road, won the settlement following a mediation
    >> session, according to New Milford lawyer Harry Cohen, who originally represented Tricarico
    >> in the case.
    >> On 3/02/08, Deborah wrote:
    >>> RD
    >>> 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

    Posts on this thread, including this one

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.