Breaking contract for health reasons

[bitcoin]

Essentially I moved into a basement apartment which is infested with black mould and possibly asbestos.

 

In Canada, the law states that the landlord is under to legal requirement to do anything about (black mould) and that it is simply my word again hers -- she can claim I caused it and try to sue me.

 

I told the landlord who has an overwhelming track record of red flags and she tried to tell me that the blanket under my door to keep out the sound has caused it -- despite the fact that there is absolutely no vent for air circulation.

 

Regardless, my health is deteriorating because of it -- I woke up last night practically weezing for breath from my lungs being collapsed and lacking oxygen. I would compare it to having asthma, or smoking weed -- but a lot worse and more painful. It effects my throat, lungs, heart and even stomach. I literally start experiencing symptoms the moment I step inside. Generally I am in here 22 hours a day working.... I work on my computer and constantly get up, stick my face to the window and breath in 'fresh air'.

 

I actually don't know how much longer I can physically deal with this environment. Without being too dramatic, it literally feels like I might actually fail to wake up the next morning...

 

I have 6 months left on my contract however I am paid up until December 31 + security deposit and I think I might just get my stuff and leave without notice.

 

Currently, I think I will find a storage unit and start moving my stuff there. I need to find a place and move out ASAP it seems.

 

She refuses to do anything and she is a horrible landlord to begin with (I can go into more detail why).

 

What should I do ?

 

Will the cops come after me?

 

If anyone might be interested in offering some advice, thoughts or suggestions over a call or anything let me know. I need to figure this out ASAP.

 

Its so bad I am seriously thinking about moving my bed outside -- despite it being on average -15C...

 

Any thoughts or suggestions are appreciated immensely.

[dsayers]

Document everything you can. Take pictures of the black mold, of the lack of ventilation, and record a conversation with her about waking up unable to breathe properly.

 

I have allergies and work on rental properties for my father. One house, I was going to move into to live there as I fixed it up. For a whole week prior to moving in, I was there 6-8 hrs a day every day with no issues. The very night I moved in and wasn't moving around, I was non-stop sneezing and draining. The next day, I took a deck brush, mop bucket and some bleach and scrubbed every last inch of the walls. After that, there were no problems. Granted the basement was virtually empty, opening windows so I was breathing chlorine fumes, and knowing the walls were going to be repainted all helped. He's since had another property I had to give the same treatment to and it eliminated a bad, musty smell the place had. Not sure how helpful this might be for you, but it's a cheap and effective solution.

 

Any contract you enter into should have stipulations concerning early termination. If yours doesn't, chalk this up to experience.

 

I would try and give her notice if you decide to move out. I personally do what I can to remain innocent in these types of situations. Obviously if she's screwing you, you owe her nothing. However, since there could potentially be State involvement, you need to keep yourself as innocent as possible just in case.

 

Just make sure that if you are going to move and you are going to notify, that you have backup plans at the ready. When I was a very young adult, I lived in a shithole. When I gave notice, the guy literally cut off electricity. When that didn't force me out early, he cut the gas despite it being cold out. Not trying to scare you as I'm sure this is most atypical. However, it sounds like you're dealing with somebody that might take it out on you.

 

In the future, if you're this susceptible to airborne contaminants, I would avoid basement lodging. And don't forget to document! When you move into a place, take pictures. Make a tour video while you still have no stuff in there. If you do notify her you're leaving, document it. Reference the fact that the contract has no stipulation for early termination.

 

Please bear in mind I'm not a lawyer, so I can't speak to if/how the State would threaten you with regards to your situation or any of the advice I'm offering here.

[bitcoin]

Update: I must get out today. I literally physically cannot stay.....

 

 

That sounds awful, Jake. Unfortunately, I don't know anything about Canadian law. Here in the US, tenants have almost endless recourse for housing issues, and it's usually the landlords who get taken to the cleaners. I would say you should take care of your health first, and maybe if your landlord comes after you, you could make arrangements to pay off the balance of the lease.

 

But, I wonder if the more important question (after getting yourself safe), would be to figure out how you ended up in this situation. Were there no clues to the state of the apartment and the unreasonableness of the landlord? I would probably assume most basement apartments are sub-par in terms of healthiness. Maybe if that's your default assumption, it would be up to the landlord to prove that they've made arrangements to provide for the health of the tenant and the livability of the apartment. I might make the same assumption about landlords going forward, and look for them to prove to you that they are actually different and reasonable.

 

Perhaps this is the first apartment you've rented, and your parents weren't there for you to help navigate these adult situations. Do you have anyone else you trust you can consult before making future commitments? An older relative, or work acquaintance? I'm sorry you're going through this. I hope it can become a turning point for you and you're able to learn enough that it helps you avoid worse situations in the future.

 

First of all, I really appreciate your empathy and support. It is quite a crappy predicament.

 

Right, I certainly agree. It was clear to me there were problems before moving but I basically signed given its got a vacancy rate of 1% and did not feel comfortable spending and leaving my stuff for long if at all in a hostel.

 

I moved out from my dad's in the summer across the country and actually signed the contract based on pictures before seeing it. I thought I could not afford to travel and find a place however in the long term I would guess the costs are about the same. 

 

You are correct, this is the first apartment I have rented on my own.

 

Before I moved in the red flags were there: She asked me to sign a three year contract before even seeing the place. In addition I noticed mold when I got there, cat hair and sticky substance on the floor, stovetop not clean, there are no locks on the windows (yes) and furthermore when problems would arise she would play mrs. innocent sexy woman. Oh; and she needed me to pay cash -- it was fine if I didn't have enough and paid a couple days late -- but it must be cash . There is no vent at all in the room. 3/4 lights were burnt out and there are no monoxide or smoke alarms.

There is more but in short, it was issue after issue and whenever I would bring them up she would get oddly sexual and I would get very uncomfortable and want to escape her presence.

 

I don't live near anyone I know exept some people I met at a bitcoin meetup (not friends but I have some of their numbers). No one to turn to really...

 

It certainly will. I fucked up hard this time.

[st434u]

You need to get out of there. That stuff could kill you.

 

For dealing with mold, I've heard blasting the whole apartment with ozone destroys it for good. But you need to leave the apartment for a few days in order to do that.

[dsayers]

I moved out from my dad's... I fucked up hard this time.

Where was your dad in all of this? Doesn't he want for his son to survive to the point of assisting him with picking out a place, asking the right questions, etc? I wouldn't take full responsibility for making a decision you shouldn't have been allowed to make without some guidance/protection in place.

[mikl]

In your Facebook post, you mentioned breaking the law, but there's an important distinction there. Breaking a contract is not the same as breaking the law.

 

(Caveat emptor, I am no lawyer, I'm just going off my basic understanding of civil law as it applies in most western countries).

 

If you just leave, and then mail her a letter stating that you find her in breach of contract because of the mold problem, and you consider your contract thus void, she can't generally call the cops on you. Depending on the amount, she can either take you to small claims court, or file a real civil suit, and only with a judgement against you, would she have something legally actionable.

 

She can of course engage with a collection agency. At least where I live, these guys will usually stop pestering you, once you make it clear to them that you're disputing the charge and why.

 

So in short, depending on where you live, and how crazy your landlord is, you might be able to walk away, losing no more than your security deposit. Of course, you should do some research to find out how matters stand in your jurisdiction. Maybe talk to renters union or something like that.

[bitcoin]

That sounds awful, Jake. Unfortunately, I don't know anything about Canadian law. Here in the US, tenants have almost endless recourse for housing issues, and it's usually the landlords who get taken to the cleaners. I would say you should take care of your health first, and maybe if your landlord comes after you, you could make arrangements to pay off the balance of the lease.

 

But, I wonder if the more important question (after getting yourself safe), would be to figure out how you ended up in this situation. Were there no clues to the state of the apartment and the unreasonableness of the landlord? I would probably assume most basement apartments are sub-par in terms of healthiness. Maybe if that's your default assumption, it would be up to the landlord to prove that they've made arrangements to provide for the health of the tenant and the livability of the apartment. I might make the same assumption about landlords going forward, and look for them to prove to you that they are actually different and reasonable.

 

Perhaps this is the first apartment you've rented, and your parents weren't there for you to help navigate these adult situations. Do you have anyone else you trust you can consult before making future commitments? An older relative, or work acquaintance? I'm sorry you're going through this. I hope it can become a turning point for you and you're able to learn enough that it helps you avoid worse situations in the future.

I updated my message to you but I just want to thank you briefly for your kind and thoughtful message.

 

As another update -- I plan to move out of the city as I was planning to attend a software bootcamp elsewhere regardless.

 

So as of now, I am packing -- will take a trip down to Vancouver and take out a loan to pay for expenses and rent which will basically double.

 

Any thoughts on the current plan ?

 

1. Find a place to rent.
2. Visit and confirm
3. Establish a move date and if possible hitch a ride with someone I know / worked with
4. Sell stuff like my bed, desk -- possible my whiteboard --  and other items I cannot bring with me
5. Pay for what I can afford and take a loan for the rest so I am okay atleast until the end of the bootcamp + 2 months.

The main issue is timing though -- I am supposed to be starting full-time prework and the bootcamp starts physically in the beginning of January.

 

Any further thoughts or suggestions?

 

Thanks a ton.

[bitcoin]

You need to get out of there. That stuff could kill you.

 

For dealing with mold, I've heard blasting the whole apartment with ozone destroys it for good. But you need to leave the apartment for a few days in order to do that.

Unfortunately I can feel it killing me

 

Yeah, there is no way I am dealing with this. Getting the heck out of here asap.

[bitcoin]

Where was your dad in all of this? Doesn't he want for his son to survive to the point of assisting him with picking out a place, asking the right questions, etc? I wouldn't take full responsibility for making a decision you shouldn't have been allowed to make without some guidance/protection in place.

 

He is not a huge part of my life. I moved away and this is one significant reason.

Its not something I mentioned to him because I wasn't completely aware and consciously internalizing the circumstances. I am also unsure what value / help he could provide -- that he would likely downplay it.

That being said, I ended up calling him last night for the first time in quite some time to share the circumstances -- stating clearly to begin that this is a very real problem and I seek his thoughts and perspective rather than trying to diminish any problems that I will bring up. He did help me run through the various steps / things that need to be done.

I do find it somewhat amusing though, as much as I agree, nowhere did I mention blaming myself entirely for this. I could have made better decisions and acted upon countless red flags as they arose. I think my father plays a role in not informing me of the potential dangers and things to look for when moving to somewhere new. This is definitely something a responsible parent should have done.

Regardless I appreciate your comments and I have a plan which I would certainly love your thoughts on -- check the post to mellowmama before this.