Slumlords and Refunds: Let the Games Begin

May 2, 2013 

It's been almost 14 days since confronting the landlady about the mold and insect problems. Although she said it would take a few days to refund my money since she needed to wait for my checks to clear the bank, I have received nothing. According to my online banking account, my checks cleared the same day as our conversation. For almost two weeks I've been stressing. Anger stress. Stress is very motivating. I've spent all that energy researching landlord-tenant laws, emailing attorneys, and calling legal self-help lines.

Attorneys are worse than landlords. If you've read some of my older blogs, you know I have a little experience with them. In between calls and emails I chanted to myself, "The only people to benefit in a lawsuit are the lawyers." It's all about money to them and any way they can suck it out of you. Several people I spoke to said many attorneys give free consultations. Yeah, right. I emailed one and asked if he gave free consultations or what his rates were. He suggested I contact a low-income organization for free advice. He didn't even entertain the possibility I could be his client. Maybe he thought if I even bothered to ask for a free consultation I couldn't afford him?  Another said he only represents landlords. Again, assuming I'm a renter and not an owner of property I can't possibly have enough money to afford him. Sounds like economic discrimination to me. Another attorney agreed to a phone conversation but wouldn't answer any of my questions unless I threw money at him. Most didn't even answer my emails! The problem is I am not trained in law nor do I know tricks to research statutes, codes, and regulations so I need advice in order to proceed effectively. One small slip could throw it all in the toilet. I did find attorney in my little town who was informative and kind, but he told me I needed an attorney in the county where the rental is located. Damn. Why is justice so difficult?


Although moldy landlady said a few days, she's a liar. I already knew this. Still, I gave her the benefit of the doubt and waited in hopes she'd do the right thing and send my money back to me. I also know fourteen days is always the magical deadline with rental agreements of any kind and she would need to do something within this time frame or she would be required to refund my deposit no matter what. Sure enough, I received a letter from her on day twelve. She refunded one month's rent for the month of May, plus four days of the ten days I rented in April, She kept the deposit and six days of rent. WHY did she keep six days of rent? Because it took six days for her to receive the written, signed, certified letter from me. She's not counting from the day I told her, but is squeezing out as much money as possible. Sorry...I call that petty.

Problem is now that she's refunded half my money, the stakes are lower so this voids out the use of a lawyer because the lawyer would cost more than any money I'd get returned. Maybe this was her strategy? Maybe she contacted her attorney and this was his/her advice? According to the wording of the lease if it were a normal situation and I just bailed for the fun of it, not only should I lose my deposit, but also be responsible for rent until the space is re-rented. The problem with this logic is how easy will it be for her to re-rent a moldy, insect-infested house? She's going to have to find someone as blind as I am. I also know moldy landlady is very picky about who she wants living on her property, so she's not going to rent it to just anyone. Sending me a partial refund is a strategy rather than a lease stipulation. I think she knows she can't keep my money because she can't rent it again until she forks out lots of money to fix it, but she's hoping this partial refund will satisfy me. And I'll walk away.

Not hardly. So here is my next step: Research. Hey, that's what we pay lawyers to do although I know for a fact they are much better at it than I am. There are state laws to read, ordinances to understand, and regulations to interpret. Some states, like California, have mold disclosure laws so the landlord MUST disclose the presence of black mold. California is always way ahead of everyone. My state doesn't. We have a "mold information law." The landlords are required to tell you about mold. How incredibly useless and ridiculous. Still, there are state law codes that will help my situation and override the lease.

For instance, she failed to provide a rental space that is habitable. Instead, the rental has issues that would "endanger the health and safety of tenants" and according to the Center for Disease Control, the Environmental Protection Agency, my state laws and most intelligent people, mold is a health hazard. She also failed to provide a "reasonable program for the control of insect infestation". Therefore, moldy landlady is derelict in her duties as a landlord and is guilty of managerial negligence. She is not compliant with state laws. She'll be getting a letter from me highlighting the state laws in question, listing my rights to health and safety as a tenant, re-summarizing the situation in conjunction with my lack of fault and her irresponsibility, emphasizing her managerial negligence, and demanding my full refund.

I'm not going away without a fight. I'm tired of people thinking they can take my money and screw me over. If she played this game with five more people, she'd have enough money to remodel the whole building. If in response to my letter she seeks the advice of an attorney...cha-ching. It'll cost her.  To go to court she better be very certain she did comply with state laws, which she didn't. It would be cheaper and in her best interest to just give me back my money. It's not like she did anything to earn it.

Checkmate, Moldy Slumlord. You're move.

May 24, 2013

I gave her until May 26th to return my money. Why so much time? I have no idea. Why a Sunday? I have no idea. I must have picked some random day that sounded good. Again, she waited until the last minute to meet the deadline. Today I get a certified letter from the slumlord accusing me of trying to take advantage of her because she is in a wheelchair with a broken foot. How am I taking advantage of her? She has my money; I don't have hers! In the letter she says she's refunding the six days of rent she previously didn't refund, not because of any legal obligation, but because she feels sorry for me. She kept the deposit. If she feels sorry for me, then why not refund the deposit, too?  I'm never quite sure of her refund rationale.

As someone who is chemically sensitive, how do I take her to small claims court? What happens if the judge is wearing perfume? Or the court reporter? Do I walk out? Suppose the slumlord wears perfume? If I walk out, will I be fined? I know if I walk out the case may be ruled in her favor so then what choice do I have? How does the law work for the chemically sensitive if courtroom exposures may limit our participation? It's a system of discrimination.

I'm just so grateful I got out of there when I did! I'm so glad I never have to have any contact with this slumlord or her moldy house again. It has definitely been a learning experience and it only cost $490. Cheaper than going to college!