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Sue Landlord: My Landlord has not inspected or maintained Bathtub and mold has formed.

Started by dmag2020
over 17 years ago
Posts: 430
Member since: Feb 2007
Discussion about
My landlord has not inspected or maintained the caulk in the bathtub and as a result mold has formed causing me and my family to live in unsafe conditions, of which the future repercussions have yet to be determined but damages could be severe. Should I sue him/her for all she is worth?
Response by Goldie
over 17 years ago
Posts: 182
Member since: Apr 2007

Yes, you should sue him for all he's worth. I bet you can get your lawyer to find other things your landlord didn't do, maybe he didn't change your lightbulbs, forcing your family to live in the dark, or maybe he didn't take out your trash, forcing your family to live in a bacteria-filled garbage dump.

It's a much better idea to hire an attorney and bring this to a jury trial. I'm sure jurors would award you everything the landlord owns rather than get pissed off that they spent a day in court because you couldn't buy a friggin' tube of caulk.

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Response by jmcbyr8
over 17 years ago
Posts: 74
Member since: Jan 2008

dmag2020- are you kidding me!!!! un "expletive" believable

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Response by West81st
over 17 years ago
Posts: 5564
Member since: Jan 2008

dmag2020: This is a matter of family honor, not civil law. Forget the courts; you and qwerty should settle your grudge the old-fashioned way: from twenty paces, on the cliffs of Weehawken.

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Response by stevejhx
over 17 years ago
Posts: 12656
Member since: Feb 2008

Mold is a very serious issue. What I would do is buy a bottle of Clorox, pour it on the mold, then deduct the cost from your rent, an hourly fee for what it cost you to walk to Gristede's and back.

That, or start cleaning on a more regular basis. Like ever. You might even want to vacuum, too, and dust.

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Response by dmag2020
over 17 years ago
Posts: 430
Member since: Feb 2007

jmcbyr8 - yes, I am.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

Interesting you should ask.

There was recently a similar discussion, albeit from the landlord's point of view.

Check out this discussion, it might have some helpful advice on how to work out the situation with the landlord, and what not to do in terms of leaving it until the end of the lease when your security deposit may be used against you:

http://www.streeteasy.com/nyc/talk/discussion/4619-secty-depsit-charge-tenant-for-re-caulking-tub-bc-mold-

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Response by alanhart
over 17 years ago
Posts: 12397
Member since: Feb 2007

What are the odds? Who knew?

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Response by dmag2020
over 17 years ago
Posts: 430
Member since: Feb 2007

Me and my landlord are like two crazy ships, passing in the night here! Thanks for pointing that out ritchi.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

Good luck with your landlord.

Also, while you are still living there, you may wish to put tape across the door saying "biohazard" and then call 311 for assistance so you have evidence of a report filed with the city. Take photos for use in your small claims litigation. These photos, plus the 311 report, will help make the small claims trial nicely salacious, meaning that the judge will have no choice but to rule in your favor.

Also, just a tip, when going to small claims, make sure at the roll call that you say "by the court" so you don't end up with some pro-landlord arbitrator.

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Response by joepa
over 17 years ago
Posts: 278
Member since: Mar 2008

I can't let this go on any more. Ritchi - dmag's post was an attempt at sarcasm (a pretty good one) - in response to the other thread you previously linked. Unless - of course - you're last post was also sarcastic, in which case - you got me and touche.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

Oh, interesting.

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Response by qwerty
over 17 years ago
Posts: 139
Member since: Oct 2007

dmag2020: HVAE YOU EVER RE-CAULKED A TUB? See update to my original post.

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Response by HellDream
over 17 years ago
Posts: 6
Member since: Aug 2008

lol, qwerty waaah, waaah, waaaah.

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Response by jmcbyr8
over 17 years ago
Posts: 74
Member since: Jan 2008

Perhaps, you and your LL may want to consider resolving the problem in a civil manner? It's just an idea!!!! BTW HellDream my exact sentiments.

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Response by dmag2020
over 17 years ago
Posts: 430
Member since: Feb 2007

jmcbyr8 - I like West81st's idea!

QWERTY, I have, in fact, re-caulked my own bathroom as a tenant after living in the same place for 10 years, and i know its hard, but guess what, the rent don't come for free! I happened to have a great deal so I did it myself (and I paid someone to regularly clean my tub/apt), but as a landlord, you have to do something called "UP-KEEP." That means making sure the caulk isn't so old that mold is growing in it, and when it is, you have to pay someone to replace it in exchange for the PROFIT you make from renting the place. You get it? Yes its a "profit deal," as steve martin puts it in The Jerk, but you still have expenses, not to be covered by your tenants security deposit. NOW, if you don't understand that and you decide to steal $300 from your tenant (as you mentioned in your most recent post on your original thread) and they don't think enough about it as to yell and scream like you would, it doesn't make you right.

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Response by qwerty
over 17 years ago
Posts: 139
Member since: Oct 2007

dmag2020:

FIRST: You're correct!--me keeping "$300 from [my] tenant and the[m] not thinking enough about it....doesn't make [me] right".

SECOND: What DOES prove me right is the fact that you, as a tenant, re-caulked your own tub! If it's the landlord's responsibility (as you claim) why didn't you call your landlord to come-in a do it? The fact that you did it yourself (as a tenant) demonstrates that you recognize it as YOUR responsibility!!

THIRD: My tenant was such a slob (I don't think she EVER cleaned the tub) that I had to replace the caulk after only TWO YEARS!(not "ten"). OR wait, you liberal, is it also my responsibility to clean my tenant's tub every week as "up-keep"?

BONUS POINT: She saved her time and cash over two years by not buying Tilex or cleaning and it came back to bite her--there IS justice in the universe.

THANKS FOR PLAYING.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

Just admit, you are a cheam scumbag. A lowlife, just like the mold on the shower.

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Response by HellDream
over 17 years ago
Posts: 6
Member since: Aug 2008

waaah, waaah, waaaah, I'm qwerty, waaah

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Response by alpine292
over 17 years ago
Posts: 2771
Member since: Jun 2008

"causing me and my family to live in unsafe conditions, of which the future repercussions have yet to be determined but damages could be severe."

Was your lawyer sitting next to you when you wrote that because that sounds like language you would find in a civil complaint, not an internet forum...

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

Alpine292 ... a clue?

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

While I was reading all the other nonsense this evening, I just thought it would be fun to come back here and point out real estate's biggest cheating liar, qwerty.

My favorite supporting point of his: BONUS POINT: She saved her time and cash over two years by not buying Tilex or cleaning and it came back to bite her--there IS justice in the universe.

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Response by qwerty
over 17 years ago
Posts: 139
Member since: Oct 2007

ritchi: Are you confused by basic logic? Please try to pay attention to the following:

If you want a grapefruit from the store, you have to pay for it, period. Agreed?

If you want your full security deposit back, you have to leave a rental is "broom-clean" condition. If you want to be a slob, that's fine, but don't also expect to still get your full security deposit back.

Example:
Tenant A is normal and spends just a little of her time and money over the course of her rental occasionally cleaning her tub. Therefore, she leaves a clean tub at the end of her lease.

Tenant B is an animal, she's too cheap to buy Tilex and too lazy to clean and therefore her caulk needs replacing after just 2 years.

Why should Tenant A and Tenant B expect the same refund at the end of their leases? Why?

Please try to reply intelligently without name-calling or don't reply and we can all take that as an admission that you're intelectually inferior and unable to understand what I've written (even though I've tried to make it as easy as possible to understand).

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Response by EddieWilson
over 17 years ago
Posts: 1112
Member since: Feb 2008

Ritchi is a troll.

Here goes the... [ignore button]

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Response by anonymous
over 17 years ago

qwerty you seem to be a bit too parental in your approach to landlording.

Nothing worse than a nosy landlord.

Also, unless the tub was broken, Tenant A and Tenant B deserve their deposit back in full.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

you don't want me to name call but you make fun of Protestant Christians (see the other discussion)?

Regrouting YOUR tub is not your tenant's responsibility. You are a cheap and lousy thief. And hardly an intellectual superior to anyone. Except maybe EddieWilson whose only contribution here to this whole discussion was to call me a troll.

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Response by ritchi
over 17 years ago
Posts: 61
Member since: Aug 2008

you don't want me to name call but you make fun of Protestant Christians (see the other discussion)?

Regrouting YOUR tub is not your tenant's responsibility. You are a cheap and lousy thief. And hardly an intellectual superior to anyone. Except maybe EddieWilson whose only contribution here to this whole discussion was to call me a troll.

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Response by Hirschrandev
almost 17 years ago
Posts: 29
Member since: Jan 2009

Your bathrup?

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Response by ClintonB
almost 17 years ago
Posts: 128
Member since: Sep 2008

remember?

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Response by HellDream
over 16 years ago
Posts: 6
Member since: Aug 2008

Someone brought up the other thread again, why not this one too for everyone. waaah, querty

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Response by qwerty
over 16 years ago
Posts: 139
Member since: Oct 2007

ClintonB, HellDream: Move-on.

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Response by anonymous
over 16 years ago

The bathtub

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Response by Ubottom
over 16 years ago
Posts: 740
Member since: Apr 2009

on no its qwerty the thief landlord scum...he's back out of his hole...grout your tubs you cheap thieving piece of shit...caulk is cheap slumlord stopgap crap...shame on you..stealing from your tenants....baaaaaad karma...hope your tenants play clean!! cuz when you play dirty you never know.......be glad you arent stealing from me

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Response by Poster
over 16 years ago
Posts: 26
Member since: Jun 2009

This can only happen because of irresponsibility on both sides. The landlord should not be taking advantage of tenants. The tenant should be more responsible and should be working hard towards an ownership situation where the property is hers and the care and upkeep is respected accordingly.

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Response by projects_suck
over 16 years ago
Posts: 72
Member since: Jan 2009

dmag, do u ever take responsibility for anything, ..or it is always someone else's fault

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Response by Ubottom
over 16 years ago
Posts: 740
Member since: Apr 2009

stop with the ayn rand crap--this refers to a simple case of a landlord named qwerty who bragged about stealing 300$ of a tenant's deposit because he found mold on the caulk around the bathroom tub after the tenant had vacated--and he reported with pleasure that the moved tenant hadn't fought him on this as she dealt with other issues in her life--qwerty is a scumbag--karma gets scumbags--be patient

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Response by QEntourage
over 16 years ago
Posts: 1
Member since: Jun 2009

Honestly just pour bleech on the tiles and go to work for the day. If you are only going to be there for a year or two, this will keep away the mold. It may start to destroy the floors under the tiles, but if you will be there for only a year or two this is the landlords problem.

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Response by anonymous
over 16 years ago

Honestly, this just can't possibly happen if landlords didn't rip everyone off

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Response by anonymous
over 16 years ago

Feel free to contact us at 293-6060 to talk about your suit.

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Response by Ubottom
over 16 years ago
Posts: 740
Member since: Apr 2009

karma comin' qwerty scum

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Response by qwerty
over 16 years ago
Posts: 139
Member since: Oct 2007

Pucker-up Ubottom, kiss MYbottom

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Response by lasertagyourit
over 16 years ago
Posts: 2
Member since: Aug 2009

Did you shower your bottom?

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