TEMPE, Ariz. — A Tempe mother is dealing with a huge mold problem inside her apartment and said after months of trying to get the leasing apartment to fix the issue, they're now trying to force her out of her unit instead of addressing the problem.
In January, Jordyn Downs reported the suspected mold to the "Murietta at ASU" apartment complex. She said when maintenance arrived, they found mold in her bathroom wall.
"I walked straight to the office and told them that I want this fixed as soon as possible and that it's not safe for me to live inside that home. They told me 'that's not mold,'' said Downs.
She said they just painted over the mold and marked the work order request as completed.
"I could smell it, I could see it. I just knew it was there," said Downs.
Downs said that she noticed her 3-year-old daughter was getting sick after several months.
"She's had a cough for several months, breathing problems," said Downs.
She paid an environmentalist at Stos Environmental Testing LLC to test for mold in March. The report returned with "high levels of toxic mold" and they recommended that the apartment be treated for full containment.
12 News had mold expert Russell Olinski test Downs' apartment as well. He said a water leak in the bathroom caused the mold. He says the mold is "potentially toxic" until further testing can be done to confirm.
Downs showed her mold report to apartment management, but she said they still didn't fix the problem.
The City of Tempe issued Murietta at ASU a notice of violation for the water leak and gave them two weeks to fix it. The City of Tempe says the water leak in the apartment has since been fixed, and is no longer in violation of the city code.
"If we're forced to stay here and continue to pay rent we will continue to get sick," said Downs.
12 News called and emailed Murietta Apartments and its national management group, Priderock Capital Partners, who did not return our request for comment.
Instead, they issued Downs a termination agreement in which they do not admit fault. They offered to let her out of the lease, but she would face a $1,000 fine for making any public statements about the complex.
Downs says she's not signing it. "This happened out of pure negligence from the maintenance and management team," said Downs.
Attorney Tom Leavell said Arizona law does not explicitly address mold. But said landlords must provide a safe living space, or a tenant can leave after five days without penalty.
"Downside is, you know, you have to find another place to go. And the current market is a little crowded right now," said Leavell.
From there, tenants can sue in civil court. That's something Downs is considering. She's already decided to move out of Murietta Apartments.
"I'm staying with family now until we can find a new place," said Downs.
If you would like to help, Downs is raising money for her move.
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