Need Help-especially from lawyers-UPDATED 10-29

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Two in Blue

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Name:
Melissa

Need Help-especially from lawyers-UPDATED 10-29

UPDATE 10-29

So we got everything we asked for. I'm not sure if it was my DH's skills as a pseudo lawyer or the picture slide show of the 25 pairs of shoes I had to throw away because of mold, but they agreed to our terms. We will be gtting a check tomorrow or Friday and the movers are coming saturday. Thanks for the advice!

Not sure if anyone read my story on pregnancy but bottom line I am 31 weeks pregnant with twins(we tried to have a baby for 3 years) and I moved to Charleston SC when i was about 7 weeks pregnant.

This is a report from the professional mold inspector we had come and do an inspection:

The following Fungal Spores and other Airborne particulates were identified in the lab results of the sample taken in the upstairs Bedroom:
Aspergillus
Penicillium
Basidiospores
Smuts, Myxomycetes
Cladosporium
Hyphae

The below is a letter my husband wrote to our property manager which will explain everything. Alva is the homeowner who kind of befriended my husband.

Dear Kristen,
It is with great distress that I write to you to inform you of recent developments at the house we are renting at X Charleston SC. As you are aware of, about a month ago, we found black mold growing in the house, particularly in the both bathrooms. I emailed you to inform you of the problem, and requested that a “Professional” come to the house to evaluate and eradicate the mold, and the cause of its growth. Rather than that happening, Alva called me and asked me if I would wipe down the mold with bleach and water, and that he would come by to look at the problem in a couple weeks. I agreed to this.

Two days later however, Melissa opened the closet in the back bedroom where she keeps all of her business suits and clothing, and all of her shoes. The closet as well as her clothing and shoes were covered with mold, and the smell of it was overwhelming. In response, I again emailed you to let you know that the problem was much worse than I had originally thought, and again request a “professional” person to come to the house to evaluate and eradicate the mold, and the conditions that caused it.

The next day I received another call from Alva. He said he was on his way to Charleston to take care of the mold. He proceeded to clean the mold, and seal the areas around which it was growing. Melissa and I were out of town while this happened (for four days) and when we returned we saw the work that Alva had done. Nothing had been done in the closet where Melissa’s clothing and shoes were ruined however. Over the next couple of days the house began to increasingly smell of mildew and mold. Melissa developed a sore throat and cough, along with difficulty breathing. I developed very severe allergies. We decided to call a certified home inspector to perform an inspection and analysis of the mold problem in the house.

Mr. Rodney Whitehouse, of Cardinal Home Inspections, LLC arrived at the house on Monday 10/13. He performed a visual inspection where he observed mold growing in many areas of the house, including but not limited to the HVAC system, the back bedroom, the back bedroom closet, the back bathroom, the kitchen ceiling, and behind the water heater, the most alarming of which was black mold growing in the HVAC system, which means that it is in the air and being distributed all throughout the house.

Mr. Whitehouse proceeded to collect four samples of mold, as well as an air sample within the house (back bedroom). These results are enclosed.
Further, Mr. Whitehouse performed moisture analyses on many areas of the house including the back bedroom closet, the back bathroom and the kitchen ceiling. Moisture levels we’re between 18% and 35%, which is extremely high, and almost assures the development of mold.

As you will see from the enclosed Lab results for the mold samples and air sample, there are multiple mold types existing in High Levels al throughout this house. Many of these molds are considered “toxic molds,” and can cause significant health problems. As I mentioned, Melissa became ill and had to go on an antibiotic, which her Dovtor said could be a direct result of her exposure to the mold. Melissa is seven months pregnant, in a high-risk pregnancy, with twins. She has sat directly beneath that vent where the mold was found for the past six months. Alva told me on the phone that they had problems with mold growing in that particular vent prio to our tenancy. This information should have been disclosed to us when we leased the premises, especially when one of the occupants is pregnant. This is inexcusable.

Mr. Whitehouse has recommended mold remediation be performed to eradicate the mold and the cause of the mold. Obviously this is time consuming and very expensive. As I said previously, Melissa is seven weeks away from delivering our twins. There is no way we are going to bring them into this environment, as I expect you would not with your own babies either. Further, there is no way we are going to continue to live here in this environment and be exposed to these toxins for the remainder of her pregnancy.

We are left with only one option, to vacate the premises immediately, and find new living arrangements. All of our possessions that are cellulose (clothing, furniture, etc…) need to be treated with a biocide before we bring it to a new location, or it will transfer the mold spores to that location. This is an additional hardship of tremendous proportions. As you can see, in Melissa’s present condition, this is an extraordinary burden on us. We will not be able to find another rental on such short notice, and are thereby forced to move in with friends until we can find suitable living arrangements.

As a result of these horrific developments, we are demanding immediate termination of the lease, with sufficient time to vacate, FULL reimbursement of our security deposit totaling $1,800 (one thousand eight hundred dollars), reimbursement of HALF of our Pet Deposit of $250, totaling $125 (one hundred twenty five dollars), reimbursement of the home inspection fee of $300 (three hundred dollars), moving expenses of $800 (eight hundred dollars), and $1,500 (one thousand five hundred dollars) to replace lost clothing (business suits) and shoes (expensive business shoes and high heels). The total amount requested is $4,525 (four thousand five hundred twenty five dollars), summarized below:
Security Deposit: $1,800
50% of Pet Deposit: $125
Inspection Fee (reimbursement): $300
Moving Expenses: $800
Replacement of lost clothing/shoes: $1,500

Total: $4,525

We feel that this is a reasonable and actually quite friendly request when you consider the extent of our burden and the potential adverse health effects to us and our unborn babies. I am not requesting funds for treating our furniture and clothing, nor am I requesting funds for self-storage fees while we are in transition.

I’m sure that you and the home owners do not wish to involve attorneys or the County Health Department in this matter. In exchange for your agreement we will agree to indemnify you and the homeowner against any future litigation, including but not limited to claims for future health defects both in us, and in our babies. This can be an extraordinary liability that I am sure nobody would want to take on.

I look forward to your immediate response to these issues.

If you got this far I LOVE YOU!
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UPDATE: So the property manager wrote back and said the homeowners are willing to let us out of our lease but they want to do their own mold inspection in the next two weeks! Ummm no dumfucs-we are moving in 2 weeks. I don't know what they don't get about the fact that I am 6-7 weeks away from delivering TWINS! Chat Icon I swear if they don't give us this $$ I am going to sue their azzes

Message edited 10/29/2008 11:12:54 AM.

Posted 10/22/08 3:02 PM