Legal Question in Landlord & Tenant Law in Ohio

On August 31, 2009 I moved into an apartment at Hunt Club Apartments in Copley, OH. Upon my moving in, I found that the laundry room inside my apt. was about 1/4 covered (the ceiling, walls and floor) with ugly mold/mildew. I freaked as I have a very serious cardiac disease, have been disabled for the past 10 years, wear a pacemaker, and fear for my life living with this mold. I was told this apt. had been a model, and about 2-3 yrs. ago, the apartment above me had their hot water lose all it's water and they never cleaned up (obviously) the water. It came down into my apt and rotted. Not sure about the floors below me. I asked if they fixed the other apts. and they said no...no one ever complained. Acertified mold inspectore came out after I called the Summit County Health Dept. and found"water damage, stains, and mold like substances. They were told to take out all the damaged drywall a foot above the stain, and replaced. The ceiling should be cleaned with a mold killing disinfectant. I was present when they did this work. They did the whold job in about 1 1/2 hrs. They did not use bleach. I saw them taking nothing out..ie: old drywall with mold. I heard them spraying and spraying and they put up a piece of drywall.
Now today 9/7/09, the mnold and mildew smells are back and bad. The landlord refuses to move me to a safe apartment. I am terrified to live in here. I have pictures of the mold, a report form A-1 Mold inspections, LLC, I know Renee from the summit county health dept. gave them a letter of what to do, just not sure what they did or if they followed it.. If the odors and back and strong, then I am afraid that they only painted over the mold and hung drywall over the mold....no removal. What do I do???The were aware of this Mold issue when they rented me this apartment. I feel like they broke the law. Am I right? My heater and AC unit with the duct work is in that room. Can they spread mold thru my home is present? What about the rest of the building? Thaks you for any help you can give me.

Asked on 9/07/09, 1:09 pm

J. Norman Stark J. Norman Stark , Attorney, Architect

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Dear Renter: Retain legal counsel ASAP, and arrange to move out just as fast as you can, to avoid any further health compromise from the mold.

Good luck. Sincerely, J. Norman Stark,

Cleveland, OH.

Answered on 9/08/09, 9:01 am

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