This is the court transcript which describes why the judge granted Riverstone Residential a motion for summary judgement.
He concludes management could not have known about the mold in Jefferson Lakes Apartment complex.
Knowledge that they knew or should have known would void the lease as far as a mold clause.
My attorney had in his possession a 2007 Toxic Mold Report for this complex yet did not present that as evidence.
This report was done during the sale of the complex. It shows molds in the HVAC units and visible mold in many of the apartments. This is not a small amount of mold – it is an extreme amount growing for years.
This shows that the owners and all involved knew about mold in the complex.
Our Mold Report was done in 2005 showing several molds that produce toxins. The employee of the company doing testing for the complex (that we asked for and which they did – with obvious anger) said he had been there before. The testing he did was changed from a visible inspection with air results tested for longer than 24 hours to just a 24 hour air test by Riverstone management because 24 hours is not long enough for all molds to show up and a visible inspection would have stated there was mold growing all over the place.
The leak described in the transcript is not the cause of the mold – it is just what made everything so obvious and became an issue because they failed to fix it until 2 weeks later. The amount of mold in this complex shows it has been growing there along time. The air ducts and dryer vents are vacuumed out very often because of the volume of mold growth.
In the transcript the judge also mentions that we signed the lease after we were shown the apartment. My attorney failed to mention we were not shown the apartment we moved into but another with the same floor plan.
Basically what all this shows is obvious corruption involving Riverstone Residential. attorneys, courts and a state agency. All corrupt and unethical and all violating laws.
The needless exposure to all the toxins is bad enough but to have to go through this obvious and blatant violation of our rights to hold those who intentionally harm us accountable is unbelievable.
This is not over. This is going to federal court and ALL involved will be held accountable because this should not have happened to myself or to my daughter and especially not to her one year old healthy baby. This is criminal. Others are still being poisoned.
Transcript in a couple of days! katy