I'd like to know how his "Sue first ask questions later" line was taken out of context. Also, what management company makes move out dates for tenants public? Seems like a shady company to me.

(please dont sue me for calling you shady)

So they sue her for defamation caused by a Twitter post? Yeah, that's a completely rational response.

(The views expressed in this post are those held by some random guy on the internet)

@icantreplyright: I for one, welcome our new land-overlords and would never speak ill of their greatness.

Lease agreements generally have a "can't sue while tenant" clause, don't they? I guess this is why she sued and her attorney filed for class-action status -after- she moved out.

The person at Horizon is an idiot..."much to our surprise given her previous silence". People who sue don't brag about it beforehand, so yeah, she's not gonna be complaining incessantly just before moving.

Calling the "sue first, ask questions later" a tongue-in-cheek comment taken out of context is a joke. Under what context would it have been appropriate?

@icantreplyright:

Since that information would be part of the lawsuit, it's already available to the public. No evidence of shadiness found there.

People need to chill out about "mold."

I'm glad that we have so few problems as a society that asbestos and mold are a big deal, but didn't we live a very very long time with mold of all types, and many decades of asbestos?

@Cant_stop_the_rock:

It's also not private, personal information by any measure.

I tend to agree on the Horizon side. Although I don't work for a company that deals with Horizon and have no connections to the company, I do work in the rental industry in Chicago. That said, everyone always blames the landlord. Horizon has a good reputation for being proactive management company. Not only did she break her lease without following proper legal remedies, she sues her management company. I can guarantee that the former tenant will have a hell of a time getting another apartment in Chicago.

Screen Shot or it didn't happen.

I'd also settle from a report done by a 3rd party that specializes in detecting mold.

@Mackinstyle:

I so hear you. People get so freaked about stuff like mold in their walls, E. coli in their food...

Like, maybe, you get really sick. Big deal. Like you mention with the asbestos. I mean, c'mon, stuff that get in your lungs and stays there for the rest of your life and then causes lung cancer?

What a bunch of cry babies.

@Mackinstyle: From the most trusted source of all this correct, paraphrasing wikipedia: "However, when mold spores are present in large quantities, they can present a health hazard to humans, potentially causing allergic reactions and respiratory problems."

So, yeah, coming home night after night to sleep near a wall crawling with mold behind it might cause health problems.

When I joined the Navy in the early 90's we had to sign asbestos waivers. Can't wait to see what that exposure brings.

@hahamaximus: Suing shouldn't be the first step. If she had mold in her apartment shee should've reported it. What they're saying is that instead of complaining to them she sued.

@icantreplyright: I don't find it hard to imagine a context. "We're accused of being a 'Sue first, ask questions later' company." Do I think that's what happened, though? Um...

@Mackinstyle: Mold is one of the leading causes of asthma in kids. And enough of it in a house can kill everyone in it so yeah, mold is a big problem if you have it. A friend of mine just rescinded an offer on a house after the inspection found it to be crawling with mold.

@hahamaximus:
They don't in Chicago. The RLTO gives renters an immense amount of power and (I believe) explicitly prohibits leases from containing language limiting the right to sue.

@Gamerver05: Agreed. And moving out without fulfilling lease because of mold she may not have reported is unacceptable as well.

I can pseudo-relate to tenant -if- she reported it. My previous apartment didn't let me know that if parked in the garage my car would be subject to lime stains. They -did- let me know several months later they would pay $20 once for a car wash to remove the stains. I took public transportation to work, so my car sat for days on end getting stain after stain. Subsequent $20 car washes didn't remove the stains. This would require ~$200 detail job. Complex offered $20. That would be grounds for civil litigation, but not worth the hassle. LEGITIMATE damage caused by word of mouth will be worth more than $200 to them in the long run.

@Mackinstyle: I do HVAC work in florida and we wear respirator rigs at all times in a lot of attics and dealing with dirty ac equipment because of mold and their spores.
It's hot, the air smells like carbon grit, but we aren't going to get mold related illnesses unlike other ac guys out here. You can be exposed only so much before that crap starts digging in.

I've been in and seen too many shithole apartments run by slumlords to give Horizon the benefit of the doubt. Until I see a court statement stating otherwise, it's moldy.

I think the basis for Horizon's lawsuit is simply she implied that there was mold in her apartment by her tweet, and Horizon claims that no evidence of mold had been detected in her apartment. As with most class action suits, this will take years to resolve (unless Horizon says "We'll drop our suit of libel if you drop your class action, and we'll pay your moving expenses" cases dropped, settled out of court, end of issue.

@Chase Teschendorf: They don't have a good reputation at all if you look at the laundry list of complaints on the net.

@icantreplyright: From the statement: I would first like to take this opportunity to apologize for tongue in cheek comments that were made previously regarding our approach to litigation. This statement is not in line with our philosophy towards property management and was taken out of context.

So basically, they didn't really explain what their intended context was. The only context I, personally, can imagine, is that the guy was trying to joke around with a reporter.

press release pelican? I love it!

@TheUpMyAssPlayers: The Laundry List includes:
"They raised my rent after two years by $25. 3 Stars;"
"It took them 10 days to fix my leaky faucet! 2 Stars;"
as well as 10 "I read this article online! Boo landlord Boo! 1 Star! (P.S. I don't live here)"

They have nice apartments for lower prices than their competitors.

@Mackinstyle: I know. It's just like bacteria, we lived long enough before antibiotics, people should just relax. Who cares if you get mesothelioma from chronic asbestos exposure, or if your kid gets a sever asthmatic reaction from mold, or if he consumes lead based paint. We do have other things to worry about, and it really chaps my ass that people are so concerned with little things like preventative measures for societies health concerns.

@shepd: If there is mold, don't you think it would be fairly easy for her to prove it. If we haven't seen any evidence either way, I'd have to agree with the company because regardless of their reputation, their statements are more trustworthy to me than some random lady who in real life is probably a total bitch.

@Rachacha: Not sure what you're reading--there's no class action, just the tenant's suit on her own behalf.

@Chase Teschendorf: Everybody always blames the landlord because Chicago landlords have, in my experience, invariably been unethical, reluctant to fix or examine anything, and generally the shadiest assholes in the universe. Half a dozen different apartment rentals have borne this out in my case, including my current landlords, who refuse to replace a refrigerator whose door won't even stay closed (I have to keep a box in front of it so my food doesn't spoil!) or replace a doorknob that's broken several times in the last month that prevents me from getting out the front door. And my last landlord took a week to fix a refrigerator that wasn't even keeping food cool and never compensated me for what spoiled.

If landlords were held to a higher standard of performance, maybe we wouldn't have such a grudge against you guys.

@Mackinstyle: I lived in an apartment that had mold in the bathroom ceiling. It was a white ceiling with dark black spots. I had CHRONIC sinus infections, one after the other after the other. I was getting bloody noses all the time. My friends would have a reaction when they would visit. I contacted my landlord, but at first they tried to blame me, then they just outright said they weren't going to do anything and if I didn't like it, I could just leave. So I did.

Newsflash: some molds aren't healthy to be around. And exposure to asbestos can cause cancer!

@Megalomania: She is currently suing them. Counter-suing is a good way to hit back at the other side when you are being sued, and a lot of times leads to both sides coming to an agreement rather than spending countless hours in court, dragging it out, and losing money.

It may not be very likely that her post caused 50k worth of damages, but if the company's side of the story is correct (there is no mold), then this a very justified move seeing as it DOES cause some damages to them, and she is currently suing them already.

@Mackinstyle: my new brother in law just moved out of a caretaker apartment in a historic house that was chock full of mold. miracle of miracles his rashes and hives stopped almost immediately

Ooh ooh, I see a "taken very seriously" in there! I'm this close to a Consumerist Bingo!

Dear Jeff Michael, Please explain what you mean by "...was taken out of context." (at least provide the original context) and why apologize if such was the case (or explain what failing on your part requires an apology, do you believe "...tongue in cheek comments..." in and of themselves require apology?)? Also, please explain what you mean by "...controversial RLTO...", what is controversial about it, other than apparently you don't like it? Lastly, does "...statement can be attributed to..." mean you personally & completely crafted this response independent of others? Details and specificity please! People are getting sued here! Please share your entire corporate as well as personal history of litigation with us. What proof do you have that no mold existed as claimed? What testing has been done by you?

@floraposte: From Horizon's press release, 4th paragraph: "The facts of this twitter lawsuit were discovered in the course of due diligence relating to a class action lawsuit first filed by Ms Bonnen..."

@Heero:

Just because someone is a "total bitch" doesn't make them wrong. Likewise, just because your statement makes you look like a misogynistic asshole, doesn't mean you are wrong either.

@Ubik2501: All I need on my Consumerist Bingo card is a "Monster" trademark infringement or a "Target posted a 'Do not post' sign"

4chan?...just sayin'

@icantreplyright: I'm guessing, but Chicago has a couple of giant moving days a year when like EVERY lease in the city expires and everyone moves at once (and the domino effect keeps it going). I think it's May 1 and maybe October 1? But there are a couple of other dates where moving tends to cluster in Chicago; Chicagoans always tell you WHEN they're moving so you can be either congratulatory or appropriately sympathetic based on if they have to move May 1 or not. :)

@Ubik2501:

Now that I have the non-apology apology, I just need the "we regret you mis-understood" statement (usually used to avoid the aforementioned non-apology apology) on my Bingo card.

@Heero: I guess it comes down to which class of people you believe when there is a controversy. Of course, the ultimate answer is what the court finally determines once everyone has had their say ... provided it was a fair hearing. Unfortunately, not all are when the litigants are not evenly matched. So we're back to who believes whom.

@wvFrugan: What he might have been referring to for "out of context" is that his lawsuit was filed as part of the process of defending the lawsuit against him (him being his company).

So, their stance is "she sued us because she left on her own will and decided not to deal with fixing her apartment"? This makes her the bad apple in the basket now.

I wonder what her response will be. I bet it will be on Twitter... not.

@Mackinstyle: Wellll, before we started caring about cause and effect, people lived shorter lives. Perhaps if we went back to only living to age 60 or less, we wouldn't be in the health care and social security mess we're facing today. Good thinking!

Psssht go ahead and sue me I have perhaps 500 dollars in assets I'll just go bankrupt and have the judge expunge the debt.

But just so you have a reason.
Horizon Realty eats the faces of baby kittens.

@Chase Teschendorf: Everyone blames the landlord because landlords tend to be money-grubbing, slow to fix things, and quick to put down ridiculous rules (especially here in Hawaii).

I will be HAPPY to meet the landlord that escapes this stereotype.

@Ubik2501: i would buy the official branded consumerist bingo card and markers for fundraising purposes

@fjordtjie: Same here. My current apartment building has mold problems, and while most of my neighbours are fine, I have an allergic reaction whenever I am in my room for long periods of time (itchy eyes, throat, nose, sneezing). I have to take anti-histamines 24/7 just to function.

I'd move, but it's employer-provided housing, and I don't have the thousands of dollars of "key money" necessary to find a place of my own.

@sonneillon:

Is it true that businesses that eat the faces of kittens usually sexually molest them first?

@Mackinstyle: I would chill out about mold, except the fact that the doctor has determined it was the cause of me having 6 ear infections in 6 months is mold. Do you have any clue how hard it is to live a norm life when you always have an ear infection? It's not life an death, but it is a huge huge quality of life issue, and would have been way worse if I had been un/underinsured.

@Mackinstyle: Actually, we've lived with asbestos for centuries. But here is the difference. Mold is organic, and asbestos is inert. Asbestos is only dangerous when disturbed, small fibers of it made airborne, and you inhale them. You can live your whole life with asbestos in your walls, with no effects. Thus the term "exposed to asbestos".

Now mold is an organic life form, which can and does poses toxic qualities. Yes, some mold produce poisons as part of their natural defense. They also mutate. They also, unlike asbestos, spread. So while you may have asbestos in your ceiling, it doesn't spread and start growing in places it wasn't put, like your fridge, carpet, etc... It also doesn't release spores like asbestos does, even when not disturbed.