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tired of it | I got a 3 day pay or vacate been late before never a problem but now it is and i have a bad case of black mold? |
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 |
 
AJ
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So what's your question?
The 2 things you talk about are mutually exclusive of each other.
Have you notified the landlord of the mold? have you tried to clean it up yourself? Mold just doesn't happen on its own. Depending on where the mold is. If its in the bathroom its because of excessive moisture in the room and not getting airred out. This happens when you take showers and you keep the bathroom door closed all the time. So I would try and clean the mold up, just use some general cleaning supplies. Also take a close at what you are doing that maybe causing the mold. Then if it still comes back, notify the landlord.
Now the 3day pay or vacate. It doesn't matter if you've paid rent on time for the last 10 years, if you are late, expect to get one. Your choices are to pay the rent or expect the landlord to start eviction process on you. |
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Expert Realtor
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Did you have the black mold when you were paying on time or is this something that suddenly came up about the same time you decided to not pay your rent?
Chances are it's mildew....mildew is also black and looks exactly like black mold. Black mold is VERY rare, and you will need to call the health department out to your house to do a mold-spore test before you can break your lease.
Understand that without the permission of the court, you NEVER have the right to not pay your rent. |
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chatsplas
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Well you have a history of paying late. LL got tired of it! So you got a 3 day notice--Pay up. If you don't, LL is signalling they intend to start evicting you.
That you now have bad case of black mold is irrelevant and maybe untrue. The black stuff may be mildew rather than mold. Most mold and mildew is tenant caused and tenants can resolve by cleaning area with bleach water--wear gloves and mask to play safe. Then run bathroom or area fans and dry everything out. Keep good airflow in room. Mold is naturally occurring and not all mold is dangerous. |
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src50
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A mold problem has nothing to do with an eviction notice. You didn't pay your rent, apparently. |
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Fenny L
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maintenance and rent are 2 different things. Many tenants have this problems of understanding that even if you're not paying rent, you still have to tell the landlords that you are having maintenance problems. It doesnt matter if you're not paying rent...do not pay and then suddenly throw all these maintenance problems at a landlord...maintenance takes time and it is the landlord's responsiblities of fixing the problems...but if u get evicted 1st, then nothing you can do about it. |
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Edith P
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Do you want to stay in your place if so pay on time. If you have a problem with black mold you should let your landlord know, it is your responsibility to do so. The landlord is letting you know with the three day notice that it is no longer okay to be late with the rent. If your payday is falling in manner that it is not going to work to pay on time figure out a solution so this will not happen anymore. The can just ask you to vacate the premises if you pay on time with notice too. So think about what you want to do and then talk to the landlord or find another place to live.
The mold can be addressed but should not be an excuse to not pay rent unless you have had to hire someone to correct the problem after notifying the landlord and giving them time to correct the problem. |
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godged
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Your late rent and the mold issue are two different things.
Black mold is not grounds to withhold rent or to vacate your lease.
Since it would appear your landlord has a problem with your late payments, you have received your notice. Paying your rent on time will eleviate this issue. |
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SmartA$$
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What happened before is irrelevant. If you are late now, your landlord can give you the pay or quit notice, followed by an eviction notice.
The situation with the mold gives you the legal right to break your lease and move out without penalty if (and only if) you report the situation to your landlord and they do not correct the situation. If you can document that you reported the mold and your landlord has not hired a qualified contractor to fix it, then the apartment is not in reasonable living condition, which means your landlord has failed to live up to his end of your lease, which therefore gives you the legal right to move without penalty.
However, if you choose to stay, you must pay rent regardless of the situation. Your choices are to live with it and wait for the landlord to fix the problem (and pay your rent in full) or to exercise your right to move (only if the landlord doesn't fix it). Staying there but not paying rent is not one of your legal options. The landlord has every right to move forward with the eviction process if you don't pay your rent.
If you choose to move out and break your lease, you should be prepared to show documentation that you
1. told the landlord about it
2. its really mold, not mildew
3. It wasn't caused by you
4. you made a reasonable attempt to clean it up but couldn't prevent it from coming back due to another issue (potentially leaky pipes or a leaky roof)
You still have to pay rent for all the time right up until you turn in your keys. Plus, the landlord could sue you, and if the court determines that you were not justified in breaking your lease, the landlord could charge you lease break penalties and/or the remainder of the rent due on the lease. |
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schwildcat1977
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Being late on rent and the possible mold are to completely different issues.
Just because your landlord let you get away with constant late payments before does NOT relieve him of the right to evict you for it. It just means that he is tired of your crap. You cannot use a possible mold problem to get out of paying your rent.
As others said - it may not even be mold. You have to follow the proper procedure for these matters. You need to properly notify the landlord of the problem in writing. They will have it tested. If it is a black mold, then they will have to go thru the proper procedure to remove it. Keep in mind that if you did anything to cause it (not clean properly or not keep heat on) then you will be charged for clean up costs.
Tenants seem to think that they can cry mold and get away with crap - NOT TRUE!!! You need proof. |
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Artie
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see a doctor before the coroner sees you |
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