Me and my business partner are leasing a space and our landlord has done nothing to fix our water damange and black mold caused by it. I fear that it is in the air vents cause it is spreading in various areas i have notified the health department and to see the severity of the damage.. Will they close the building
Me and my business partner are leasing a space and our landlord has done nothing to fix our water damange and black mold caused by it. I fear that it is in the air vents cause it is spreading in various areas i have notified the health department and to see the severity of the damage.. Will they close the building down or will our lease be ablel to be terminated?
Rachel: Black Mold is serious and it can ruin your health. When you breath the mold spores are pulled into your lungs. The lungs are a perfect spot for mold to live and mulitple. And it is hard to kill off. I stays in your system affecting areas of your health such as memory loss, lack or coordination, dizziness, coughing, tired all the time, and much more. Many people have lived with the effects for years as there is no real cure.
But before you get too scared, black mold is a type of mold and it has a very long name. It is caused from years of moisture problems and rarely happens overnight. You can get it quicker if the conditons are right and it can spread until it ruins a building.
Just because you see mold and it is black, it does not mean it is the terrible "Black Mold" as it may be another type. There are many types of mold. None are good for you but many you can cure. Any type of mold needs to be addressed and the moisture problems need to be corrected.
Any water damage that is left un-fixed should be reported first to the Property Manager or the owner. If no action in a reasonable amount of time, call the heath department or building inspector. A building inspector will inspect the whole building and close it down in health hazards exist or it is not up to code. The owner will have to board it up and vacate tenants and this nulls your lease.
If the owner takes action and fixes the building problems in the time given by the inspector, you will have to stay and pay off your lease. Many times numerous other items show up, especially on older buildings, and the owners can not afford to fix all the problems. This happened to me and I am in Real Estate.
A old Victorian building I owned with 7 units was turned in the the inspector. He came out an wrote 5 pages of violations. Like the foundation was not to code the windows were too small by 1/4 inch and minor stuff. We had to board it up and vacate tenants. We did not agree with the findings as this was an old building and many like it were all over the area. We later found out the Hospital wanted our property to build a parking garage. They came while we were suffering with the mortgage and the vacated building and offered us a low low figure. We took it as we had no choice. But this example shows you just how ruthless a Building Inspector can be.
Depend on which state you live in. Well I believe with situation like this, likely they have to get court order to shut down. The health department will have to report and prove it in court. For lease, depend on what contract you made with landlord. What it said on paper. Do it say you still have to pay up full amounts even if space got destory from mother nature?
Now for lease contract. You can always get court order to tear contract aparts so you won't have to pay anymore lease.
Commercial leases are VERY different from residential leases. With the typical Triple Net lease, you are responsible for all maintenance and repairs to the property. It's up to YOU to negotiate any required repairs up front before you sign the lease. Once you sign the lease, anything required going forward is on the tenant.
There's a proper procedure for handling issues with a landlord. Generally if the repair isn't make, after proper notice and in a timely manner, you have to take your landlord to court for a breach of the lease.
Even if they do shut it down (which is very unlikely) that does not automatically terminate your lease. You have to sue the landlord to get released from the lease without penalty. Only a judge can grant that request.
Copied Q and BA from 2007. Fraud. Report both.