Landlord Neglects Mold Remediation

Summary

The tenant discovered mold in their rental property and reported it to the landlord, who refused to address the issue. The landlord threatened the tenant after they filed a complaint with the Department of Justice and the NC realty commission. The tenant has evidence of the mold and the landlords refusal to remediate it. They have also sought medical attention for health issues caused by the mold. The tenant is considering legal action against the landlord for failing to maintain habitable conditions and for harassment.

Full Conversation

We discovered a bunch of mold in our home, we simply asked our landlord to send someone out to make sure it wasn't even more harmful then the back of our couch being covered along with floor boards and baseboards. Our landlord refused to send anyone out, told us to consider it our notice to move. He then asked my husband, who is not experienced in mold remediation, and said he'd pay him * dollars. We filed a complaint with the department of justice, who apparently stated he HAS To comply and he owes us * dollars. He then proceeded to call and threaten us by telling us we should remove our complaint. We are going to have to end our business relationship, that he could sue us for defamation.
What is your location? This will help me provide you with the most accurate information regarding landlord-tenant laws in your area.
We are concerned and do not know what our next steps are.
What state are you located in? This will help me provide you with the most accurate information regarding landlord-tenant laws in your area.
Garner, NC *
What evidence do you have of your landlord's refusal to address the mold issue and his threats? In North Carolina, landlords are required to maintain habitable conditions.
North Carolina, we have photos of the mold, and text messages of him stating what he will pay and how he can not get the job done quickly.
What actions have you taken so far, apart from filing a complaint with the Department of Justice?

- In North Carolina, landlords must provide a habitable living environment.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
We have witnesses who were here at the time of phone call
What is the exact date when you discovered the mold and informed your landlord about it?
July 19th, we have filed a complaint with the NC realty commission as well.
What was the response from the NC realty commission?

- In North Carolina, landlords are legally obligated to address serious health issues like mold.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
AT first, when he called at *:* am on August first, to tell us he received the complaint and that he owed us * dollars, he stated that he was being told he HAD to comply and it came from the NC realty commission. I called them and they stated there was no open investigation but to file a complaint with them as well.
What was the landlord's response after he was informed about the NC realty commission's advice to comply?

- In NC, landlords can't retaliate against tenants for exercising their rights.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
He said he was going to have to take action against us, that he could file a lawsuit for defamation. told us we needed to move. showed up here and walked around our yard, tried to peer in windows.
What actions have you taken since your landlord's last response?

- In NC, landlords can't intimidate or harass tenants.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
we have called the health department to come check out the property to make sure the house is up to code. we have called legal aid and applied. as well as talked to other lawyers, we called the police on him yesterday.
What was the response from the health department and the police?

- In NC, tenants can seek legal remedies if landlords fail to maintain habitable conditions.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
The police told us to put a lock on our gate and that if he came back to call them and contact the police for harrasment and for trespassing. The health department is coming here on Monday at * am
What was the response from Legal Aid and the other lawyers you've consulted?

- In NC, trespassing and harassment are punishable by law.
- Garner Police Department: * 7th Ave, Garner, NC *, (*) *-*.
We have not had a response from legal aid yet, we just finished the application and many lawyers are charging quite a bit of money for us to even see them and finish a consultation.
What is the current condition of your living situation? Are you still residing in the same property?

- In NC, tenants have the right to safe and habitable housing.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
My kids still have severe respitory issues as well as eye infections. We believe there is still more mold. Yes we are still residing.
Have you sought medical attention for your children's health issues and do you have any medical reports linking their condition to the mold exposure?
YES we do. Notes from pediatrician, as well as all of our urgent care notices.
What actions has your pediatrician recommended for your children's health in relation to the mold exposure?

- In NC, health issues caused by landlord negligence can be grounds for legal action.
- Garner Courthouse: * 7th Ave, Garner, NC *, (*) *-*.
to move from the home, but we are not financially stable enough.
Have you considered applying for emergency housing assistance or reaching out to local non-profit organizations for help?
I have not, do you have any idea where I would find emergency housing assistance?
You can apply for emergency housing assistance through the North Carolina Department of Health and Human Services. Their contact number is (*) *-*.
DO you know where the * dollars came from, that apparently the landlord owes us?
The $* could be a result of penalties or damages due to the landlord's failure to maintain habitable conditions. However, the exact calculation would depend on specific state laws and the details of your case.
What happens if he argues against it? or does not pay it? is the order to pay us * dollars final?
If he refuses to pay, you may need to take legal action. The order's finality depends on the issuing authority. Consult with a local attorney for precise advice.