Archive for Thursday, March 10, 2005
Resident evicted for lack of rent
Woman says leaky roof caused dangerous mold
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A woman who was evicted for not paying rent says her landlord didn't fix a leaky roof in the home, resulting in dangerous molds.
Christie Chapman-Fox, 40, was evicted Wednesday from the home she rents in Phippsburg.
Landlord Jamie Wisecup filed a notice Feb. 1 for Chap-man-Fox to vacate the home at 21676 Fourth Ave. in Phippsburg. Wisecup also asked that Chapman-Fox pay for three months of past-due rent, totaling $1,885.
Routt County Judge James Garrecht ordered Wednesday that Chapman-Fox leave the house within 48 hours.
Chapman-Fox says Wisecup would not fix a leaky ceiling, part of which eventually collapsed. That, Chapman-Fox said, exposed her to dangerous molds that grew because of the leaks, which have made her sick and contaminated her belongings. She said she is worried that the mold could spread to other nearby homes.
Chapman-Fox said that she had the house tested for mold and that different types of mold were found, including toxic mold. The Steamboat Pilot & Today could not get a copy of those reports Thursday. The inspector who did the report could not be reached for comment.
Chapman-Fox's attorney, Michele Desoer, said the inspector said he found two types of mold, including the toxic mold Stachybotrys chartarum. Desoer has not seen the report yet, but has seen the mold and photos of the mold.
Chapman-Fox also said the mold made her sick, costing thousands of dollars in medical bills, as well as a substantial sum to have her belongings cleaned.
Wisecup said she was not aware of the mold. A letter from her insurer -- State Farm Insurance -- said that a Jan. 27 inspection by a field adjuster showed "no mold or mildew damage" to the home. The letter was provided by Wisecup's attorney, Jim Grady.
Michael Zopf, Routt County environmental health director, said there are no regulatory standards in state or federal law for mold, so there is nothing to enforce.
Molds reproduce through spores, which can blow in the wind, but depend on a water source to survive, Zopf said. The susceptibility of neighboring homes would depend on whether there is enough moisture and humidity for the mold.
He said he has heard about Chapman-Fox's claims, but has not seen the house or photos of the alleged problem.
Chapman-Fox moved into the home in July and noticed leaks in the ceiling, which Wisecup tried unsuccessfully to repair in September, according to Chapman-Fox's court-filed answer to Wisecup's eviction notice.
Chapman-Fox requested the roof be fixed on several occasions, and nothing was done, according to her court filing. On Jan. 13, the filing states, part of the ceiling collapsed, exposing Chapman-Fox to "toxic molds."
Chapman-Fox became ill because of the mold, her court filing states, so she stopped living in the home about Feb. 5. Chapman-Fox plans to bring a case against Wisecup for negligence, infliction of emotional distress and damages including personal injury, medical costs, loss of personal property and more.
Grady emphasized that the court case Wednesday came about only because Chapman-Fox did not pay rent. He also said that Wisecup only had a verbal lease agreement with Chapman-Fox, so that it would be hard to determine who was responsible for cleaning up mold and fixing problems, if there were any.
Desoer said Wisecup is responsible because she owns the home.
Grady said he has not received any documentation from Chap-man-Fox about mold, and only knows about the inspection from the State Farm field adjuster who said there was no mold.
"I don't think anything she's saying is true," Grady said about Chapman-Fox's claims.
Greg Webb, general manager of Dowling's Environmental Services, said he has seen the home and would rate it as a "medium" mold problem. He was asked by Chapman-Fox to decontaminate her belongings. Without decontaminating those items, the mold could infect a clean environment, he said.
-- To reach Susan Cunningham, call 871-4203 or e-mail sbacon@steamboatpilot.com

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