By Rae Kyritsi | Programs Director
Anita had been suffering from allergies for the better part of a year. She had seen numerous doctors, herbalists, and specialists and had spent thousands of dollars. Despite her pension and medical benefits, the co-pays had begun to pile up and she had fallen behind on rent. Finally, Anita got clear answers from one of her doctors. She was allergic to mold spores and the spores were likely in a place she visited frequently. Anita remembered a few months previously, when her landlord had hired professionals to do repair work for water damage on the first floor of her building. Even though she lived on the third floor, Anita worried that mold from the water damage might have become airborne and traveled into her apartment. Horrified, Anita packed her bags and moved in with a friend, trying to distance herself from the apartment she had rented for years. She was devastated to think that her own home had been making her sick all this time. While Anita’s symptoms became more manageable she decided to move out of her apartment.
David, Anita’s landlord, had rented to Anita for years. He couldn’t understand why a good tenant who had always paid rent would suddenly stop paying and not communicate with him. David felt he had no choice but to file in court. He had been taken advantage of by tenants in the past and hoped to avoid a similar circumstance with Anita.
The parties opted for mediation after a pro-bono attorney recommended it to Anita. CCR mediators were on-site during the landlord/tenant court call and were able to take the case immediately. In mediation, Anita had a chance to explain her allergies and expressed her concerns that there was something in the apartment that was making her sick. Because of the water damage and from what she had heard from neighbors, Anita was convinced there was mold in her apartment. David was surprised to hear of her concerns, since there had been no mold when the water damage was repaired, although he had not conveyed this to his tenants.
The mediator was able to facilitate a conversation between David and Anita about what had occurred with the water in the building. Both parties got new information – Anita did not realize there had been no mold and David did not realize that his tenants were concerned. The two agreed that they had had a good relationship in the past and both parties wished to come to an agreement in mediation. The mediator was able to help them make a realistic plan that would work for both parties. Anita was interested in leaving the apartment as soon as possible, since she was feeling much better not living there, and David hoped to have a new tenant in the unit quickly. Anita was willing to pay David the money she owed him for rent, but was unable to do so immediately. With the mediators help, the two were able to find a dollar amount and payment plan that was feasible.
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