Chances are in your lifetime you rented a place that was a little less than perfect, maybe even one that needed a long list of repairs. One of our viewers, a single mother of two, has rented what she describes as a moldy disaster. In the process she maybe forced to throw almost everything she owns away. She had questions, what I found out for her is the subject of tonight's Fact Finder.

From the outside, it's a cute little red log cabin nestled on a quiet street in East Jordan. Perhaps it was that curb appeal that first drew the attention of Tiffany Lodes. The single mother of two who works while attending college needed to place to call home and the $500 per month rent was within her budget. But the situation turned just as the seasons began to. As Tiffany explains it, "It was fine throughout the summer, and then when it started getting cold out, I noticed the condensation on the windows. My pillow would get wet at night if it touched the walls. If any of the furniture touched the walls it would get wet. I started noticing that so I went into a deep clean mode, and I found mold on some of my blankets so I started moving things around and found more and more."

And that's when single working mother Tiffany Lodes discovered the extent what she described as a overwhelming mold problem, "It's everywhere its on every corner of the house, its just a mess." But the mess to use Tiffany's word isn't her biggest concern. According to Tiffany, "My kids have been having upper respiratory coughs, bloody noses, we never had bloody noses, my five year old, she has been sick a lot."

The illnesses were the last straw so Tiffany says she called the landlord to fix the situation. She says the response she got wasn't what she expected; "the landlord pretty much told me that if I didn't like the mold issue that she didn't have the money to clean it, that I would have to get out if I didn't like it."

So she is getting out as soon as possible. Tiffany finds herself throwing away almost everything she owns due to a fear of taking mold or mildew spores to where ever she moves into next. Quick to point out that she still has the two most important things in her life, her two young daughters, Tiffany is losing just about everything else, including her security deposit. Tiffany says "I wouldn't want this to happen to anybody else, for the landlord to rent this out to anybody else would be terrible. It's really hard on me and I wouldn't wish this on anybody else."

Down but not defeated, Tiffany wanted to fight back. I started looking for answers for her and found them in Traverse City Attorney Gerald Chefalo. Chefalo was quick to point out that "there absolutely are obligations that a landlord has under the warranty of habitability that deals with the conditions and the type of maintenance a landlord has to do under Michigan law." He told me that Tiffany has rights under Michigan laws especially on a month to month lease. Chefalo, who cut his teeth back in law school working for an organization that helps settle landlord/tenant disputes, says that if you have a lease that is longer than a year the landlord can transfer some maintenance issues to the tenant, but according to Chefalo, "If its less than a year, it's the landlords responsibility to keep the premises in a safe and habitable condition that's fit for the intended use of the premises."

So what should you do when your needs are being meet?

Chefalo says its time to get active and organized. He advises that when a repair issue arises, "a tenet must keep records of every phone call they make to report the problem. If the phone calls aren't working or if the landlord is away, the tenant should put in writing all of their issues. Keep a copy for themselves and document their concerns." Chefalo is quick to point out that most landlords want to resolve repair issues quickly; after all he says it's their property and having it fall into disrepair may not be in their best interest. But sometimes landlords are not able, or not willing to address problems. When that occurs, it's up to the tenant to start making a case. Chefalo's advice is simple, "Contact your landlord, provide them with notice, give them an opportunity to cure the situation. Document, document, document the situation, pictures speak to the judge and a potential jury in a situation like this, so always take pictures if it's appropriate."

The temptation for many renters might be to stop paying their rent until a repair is made. As it turns out there are right and wrong ways to do that. According to Chefalo, "You may have to put it in writing to the landlord that you are going to stop paying your rent until the major repair is done. You want to put the money in an escrow account so that if it goes to court, you can show the judge that the rental money is there to pay the landlord." But Chefalo adds that could put the renter at risk for being evicted. After all, even though the landlord maybe breaking the lease by not making the repair, the renter is breaking the lease by not paying the rent. Chefalo also adds that the amount of rent withheld should be relative to the repair needed. Escrowing all the rent for a leaky faucet that drips may not be viewed favorable in court.

If threatening to withhold rent doesn't lead to a repair and the landlord refuses to fix a serious situation which forces a tenant to move out, the renter can call for a construction eviction which essentially and immediately breaks the lease. If you can prove that the landlord failed to maintain the premises in reasonable repair, you might have a good case for getting a rent refund, and in Tiffany's situation, a case for getting some of her moldy stuff replaced. Chefalo explains "if this is a situation of a construction eviction you can bring a lawsuit against the landlord and ask for $200 or for your actual damages whichever is more."

You may be asking yourself what role does the health department have in all of this. I contacted the department and they explained to me that they are in the process of writing Tiffany's landlord a letter in which they will strongly encourage her to address the situation. The health department expert told me that one of the problems is that there are no federal standards when it comes to mold and safety issues. There are many types of mold, and different people will react differently to them. Some mild molds can have serious effects on some people and not others. The health department did tell me that if Tiffany was able to have her mold tested and a micro toxin was found then they could start enforcement of public health code standards. They say they could also begin a more detailed investigation if Tiffany could get a referral from her physician which states that the house is impacting her health.

Repeated attempts to contact Tiffany's landlord for comment were unsuccessful. But Tiffany has decided to contact a lawyer to explore her options. In the meantime, a fund has been set up to help Tiffany get back on her feet. If you would like to make a non tax deductible donation, they are being collected at the Moms and Tots Center in Ellsworth. For contact information you can CLICK HERE: