Chris Pinckney
Mark Vyvyan
Living in a home or apartment with a mold issue can be unhealthy, especially for anyone with respiratory issues. Chris Pinckney and Mark Vyvyan assisted a client who was referred through Volunteer Lawyers Network after he realized his home was making him very sick and he had unsuccessfully tried to work with the landlord to have the problem eliminated. The client had moved into an apartment in September, but once cold weather set in and the windows needed to be closed, he began to feel unwell. He soon realized he would have an “extreme histamine attack” whenever he showered. He contacted the landlord to inform him that there was visible mold in the bathroom, which was adversely affecting his health. The landlord agreed to mitigate the mold but did so by only covering it up with paint. The client’s reaction to the room persisted and visible mold soon returned. After being notified that the problem persisted, the landlord hired a “mold expert” to inspect the situation. After the inspection, the expert prepared a written report stating no mold was found, but the client continued to have an adverse reaction to the presence of mold. The client then hired his own mold expert who inspected the apartment and found not only black mold in the bathroom, but also outlined numerous deficiencies in the report by the landlord’s “expert.” The client then filed a rent escrow case on his own in housing court and contacted Volunteer Lawyers Network to find a lawyer to help him present his case. After Chris and Mark stepped in to assist, they found that the City of Minneapolis had also sent an inspector to the property in recent months where mold was found and had ordered repairs to fix moisture issues in the bathroom. With the reports and information, Chris and Mark were able to settle the case for the client. The settlement called for the landlord to make subsequent repairs to address the mold issues, provide a rent abatement for the months of January through April and to waive the May rent completely. The client was very grateful for the outcome, especially knowing that the apartment was now a safe, healthy place to live. 8
