I saw all the Pictures. (What I'm thinking now: Ewww!)
Seriously! Mushrooms! This doesn't look good, I hope that this becomes better soon!

That is some pretty bad luck, well I hope some good luck comes to you and you'll be living without that thing on the ceiling

Singelli : In all honesty, I think you should talk to a lawyer and see what can be done. Just ask for advice and to see if you have a strong case.

Just by your pictures and your information, it sounds like you have a strong case. The lady upstairs can be sued since even thou it was the girlfriend who used that washing machine that flooded the apartment; the lady upstairs can be sued because...

1. Transferred intent- Meaning that since the lady upstairs gave permission to the girlfriend to use the washing machine; she can still be held label since the girlfriend was given permission by the owner of the occupant (in which case this was the lady upstairs). Not to mention since you say that the lady upstairs has a position of "trust" between the girlfriend; that "trust" is valid for transferred intent.

2. Neglect- This would have to be proven. If the lady upstairs knew that the washing machine had a history of backing up, and failed to tell the girlfriend about the washing machine problems, then it can be held for neglect on that part. Here is how...

For had the lady upstairs told the girlfriend about the washing machine backing up -> the girlfriend wouldn't have gone out while the washing machine was running -> therefore the washing machine wouldn't have backed up and flooded your home.

(This is called the "But fore" test in any law class you take. Mostly its used to make sure any crime or neglect has been damaged).

The only issue with bring a suit against the landlady and/or the lady upstairs is that you might be arrested for trespassing or breaking and entering; since you entered another person's house without the girlfriend, lady upstairs, or landlady's permission to enter their home. However I don't believe that would have standing since the is a clear evidence that the washing machine upstairs was flooding and you had grounds to enter their home legally to stop anymore damage to your own home. But if you did get permission from the girlfriend, lady upstairs, or landlady; then this wouldn't be the case, since as I've said before.

Transferred intent.

Now I don't think the landlady would kick you out of your home if you have lease or contract like soxfan said. Since you are moving because of water damage that has made the home unable to live in. I think you might also be able to get your security deposit back as well, but that would be something you would want to go over with a lawyer to make sure you can. Not to mention if the landlady does kick you out, you still have the right to get your stuff back out of your house (just make sure you go to the police first, otherwise it constitutes robbery). Just make sure that you do have a lease or a contract of some kind that will allow you to do so.

Like I said before...

Call up a lawyer, see if you having any standing or strong enough case, then decide if you want to press charges. It should cost you anything to get advice from a lawyer since you didn't hire one yet; you just getting a "professional opinion".

Keep us posted as to what happens when the guy comes back Monday.

I think it might be a mould, it normally wouldn't grow this fast but the water left in the ceiling would accelerate its growth, it could also be the damp causing the sloppy stuff depending on what material is on the ceiling. I know any black marks are damp, I had some in my house but not on that scale. On the bright side though it would have took 6 men 8 hours to do the same job so good work getting the place cleaned up so quickly

Yeah, even if you don't have the money yet, moving is definitely the best plan here. Even if it's in a temporary apartment, still better than nothing.

Now, I'm no expert on mold and stuff, but just taking a look at these pictures and hearing how it happened over night, I can guarantee that's NOT a good sign

Worst case scenario, it ends up being highly hazardous and you have to leave ASAP. But still, it could just be nothing. Has it been really wet there? Like, lots of rain with humidity? If not, what sort of conditions have the area been in that may have sprouted those? Mention everything and anything, little details always count.

I also recommend going on google to see if you can get a match on the type of fungi you got growing there. I'd say try using reverse image search on them, but I suppose typing in keywords work too.

Good luck on the issues.

Sooooooo, we paid for a hotel last night with the assurance that the land lady's friend would come take care of the mold at 10pm.  We got up and all,  Jason went to work, I checked out of the hotel, and I started to head home.

Well, the dude called me FIVE minutes after I checked out, telling me that he wouldn't be coming today.  I was confused, and annoyed because I just checked out of the hotel 3 hours earlier than I had to.... and I tried to get an explanation out of him.

He vaguely hinted at the fact that the landlady wouldn't pay him (a bold faced lie meant to make an excuse, I believe) and then quickly assured "Not that it's been a problem before, necessarily", and then he claimed that the landlady wanted to send an insurance adjuster to look at the damage first.  I asked him what that meant in terms of getting the mold taken care of and he was like "That's what the insurance adjuster is going to do."  I was like "Uh..-he's- going to fix the mold?!"  And he proceeded to -completely- beat around the bush, saying yes, while also saying that he couldn't take care of the mold himself until this other guy came and looked and took pictures.

Well, I called my husband to let him know, and so he called the landlady to demand a place to stay, or a professional to come take care of it TODAY.  I went to the house to pack up.. ready to spend yet... ANOTHER day outside at the park all day.

Jason called back.

He told me that the landlady said everything he reported was a lie.  That the landlady never said she was sending an insurance adjuster, and that in fact, the man had called her and told her that Jason called HIM this morning... demanding that he cut the ceiling out.

Now, while Jason never called this guy this morning, he did ask the guy to do more than paint over the mold.. to actually get up in the ceiling and inspect it.  (This was when the guy first came to inspect it).

So the landlady said that SHE's going to come over and look at the mold herself and take pictures of it.  When she gets home 3 hours from now.... And that she'll talk to her friend afterwards.

And Jason didn't ask for her to pay for a hotel, either.  He told me that I need to be the one to push for it, and to report to her everything the guy said, and ... several other things.

I'm not happy with any of this.  It seems like everyone's lying to each other or  twisting things around to avoid any blame whatsoever.  The guy that was supposed to come fix it also asked me if Jason had sprayed it all with bleach yet.  Jason had said he would for two days, but didn't.

So that's where I am right now....

Hey, Kelli! .. How are you today? .. I'm feeling competitive!

That is some nasty sZit. I remember you chatting about this in the chatrooms, I only realised how has it actually is! It's gotten like super long and moldy, disgusting. Have you tried getting a professional on it or getting your husband to get all MACHO MAN on it? ;D I'd definitely get that checked out though or at least move out.

WHOA! I think that's mold growing in your house! You should seek professional help right away! Just pray that all goes well! And it is definitely a great idea to stay away from that room. I wish you lots of luck! Let everyone know if everything goes well!

Okay people.

Wow.  That's really all I can say at this point.

You know how the landlady said she'd come by to look at the damage herself?  Well, an hour went by the allotted time, and she never showed up.  I waited 15 more minutes, packed my laptop and stuff, and headed down the park.  I had JUST pulled out my laptop and turned it on when my phone rang.

Although you're expecting it was the landlady... it wasn't.  It was her friend to take care of the mold and take pictures.  I hobbled back up there and let him in, and he brought in a thing of bleach.  He incessantly tried to tell me that there was nothing to worry about, and that the stuff on the walls was not mold, but mildew.  Again and again, he said this while absolutely drenching the walls with pure bleach.  He kept pointing out how the walls were now white and saying "See, there's nothing to worry about!"

Well, he left, saying we could sleep there with no worries, but the fumes were so bad that my lungs, throat, and eyes were all stinging like nuts.  I opened the windows and turned on a fan while hearing him tell me that it would all be gone by the time it came to sleep.  He then took pictures of the white walls and left.

Well, when my husband got home and asked what happened, he was furious.  He told me that if he had known the landlady wasn't going to keep her word, he wouldn't have let the man come in and spray the place.

So he went up to pay her a personal visit and told me what happened. Apparently they got into an argument because she didn't feel it was necessary to do more since she had seen some pictures snapped by her friend.  He on the other hand disagreed, and so she said she would come look herself.  See, Jason told her that she was required to get a professional to look at it, or that she was required to see it herself or... something.

Well, when she came (I was at the park), she brought the lady that owns the apartment upstairs because they are best friends.  My husband and this lady got into an argument over flashlights because the lady started to interject her own opinions and my husband told her that she had no standing in this issue at all.  He asked her to leave, and my landlady got mad that he asked her friend to leave.  Well, then Jason and SHE got into an absolute screaming match.

She kept asking what was wrong, since it looked clean, and Jason kept saying that he didn't know what was behind the walls and ceiling.  So she said she would just poke a hole and look herself, but Jason kept telling her no.  When she asked why not, he told her that she was not qualified to say what was or wasn't up there in the walls. She still said she didn't see what the issue was, and said she wasn't doing it.  She said if a professional was coming in, that we'd be paying for it.  Jason told her that it was HER obligation to pay for it.

Well, Jason came to get me from the park to drop me back off at his hotel, and we had to stop by the house to grab an extra set of clothes.  Our landlady was standing at the door.... trying to get in....

She denied it, and they got into an argument again. She said she had just called her attorney, and that her attorney agreed that she was required to do no more.  She said that if we had a problem of that, then we should just be evicted.

So.....

We went and applied at a place about 15 minutes away.  If things are approved (and they likely will be), we're going to be moving spur of the moment... in two days.

And to think that I skipped most of today's nasty details.

Fun fun.

Yeah, after reading that, I can definitely agree that applying to move elsewhere is the best option. And I may just be missing it, but why did the landlady's friend show up? Your husband was definitely right in telling her to leave, especially since she shouldn't have been there in the first place. But to shove in her own opinions? That's basically bombing the line she already crossed. The only one that should've been there was the landlady and any possible significant other, that's it (after dealing with crazy landlords ourselves, I've become a master in knowing small insignificant details! )

Good luck with moving outta there, and especially with hoping she doesn't try to sue you guys over moving while that stuff is happing.

MegaRevolution1 : Na the landlady can't sue them since there wasn't a law that was broken.

As for the lady upstairs being in the room; since it was her washing machine that caused the flood, which in turn caused the mushroom and mold to grow; she can be held liable for damages. Most likely she was there to see what the room looked like so that she can argue against Singelli's claims against her in court.

Singelli : In all honesty, the landlady is just saying BS.

Even thou she did get into contact with her attorney, she most likely had just told HER SIDE of the story and provided the photos SHE HAD. Unless she had the photos that you had that showed the mold, mushroom, etc; then any lawyer would have seen that the home is not good.

I told you, you should have gotten into contact with a lawyer and asked for legal advice as to whether or not you could sue the landlady or the lady upstairs.

Now for the following of my own perfessional lawyer opinion (the following information may or may not be true; to find out contact a lawyer ASAP).

It is clear that the landlady, lady upstairs, and the friend knows that something is wrong with the house. You could get the landlady for false pretenses (I underlined that so when you go to a lawyer, you could ask him/her if you could get the landlady for this.) Since the Common Law elements for false pretenses are...

1. A representation
2. of a material fact
3. relied on by the victim (in which case it would be Singelli)
4. which the defendant knows to be false (which in her posts, they know it is false)
5. and which he attends to (talking about the landlady here)
6. and does in fact cause the victim to
7. pass title of his property

Just going off what you have provided, false pretenses sounds like it could work. The only issue is whether it can apply to tenants since you are renting a place that is owned by another person. But if you have a lease or contract, then the area that you live in should be considered your property (therefore it might satisfy part 7, again talk to lawyer to see if that is the case).

Now as to the landlady attempting to get into your house. You could have gotten her arrested for burglary, since the Common Law elements for burglary are...

1. Breaking
2. and entering
3. the dwelling of
4. another
5. at night
6. with the intent to commit a felony.

I should point out that most Modern Day Statues have gotten rid of the "Breaking" and "at night" part; but you would want to see if Alabama uses Common Law burglary or Modern Day burglary.

There are a couple of issues to this however...

1. Again you must deal with the fact that the landlady does own the property. Like with false pretenses you would have to see if the lease or contract means that the apartment that you occupied can be called your "property" legally. If not, then you can forget about burglary since you can't burglarize your own home.

2. Did your lease or contract get revoked or canceled during that time between the morning and right now. If not, then that property is still yours as the contract has not been canceled. However, the landlady could argue that the contract revocation was IMPLIED (meaning that since you have moved your stuff out of the apartment, it could be viewed that you are no longer going live there, thus the contract is voided.)

3. Did the landlady get into your apartment before you arrived. If not, then the only thing you could get her own (again maybe) is attempted burglary.

Now as to the landlady not being obligated to do anything. Unless she told this by her lawyer, she is again BSing you. If the lawyer did tell her this, then it is either because she only told him about her side (see first part for more information about that) or she legally doesn't have to do anything else. At which point I say this again...

CONTACT A LAWYER SO THAT WAY YOU KNOW IN THE FUTURE AS TO WHETHER OR NOT THE LANDLORD HAS TO PAY FOR ANY PROFESSIONAL CONTRACTER WHO IS CHECKING FOR MOLD OR ANYTHING LIKE THAT IN THE HOUSE. Sorry for caps, but its important.

That is just from what I could get as to what to do for the landlady. For the lady upstairs PLEASE read my last comment as it might help out if you do contact a lawyer for legal consul.

Again it doesn't hurt to contact a lawyer. You don't have to pay him for the advice (since you have not hired him to do any sort of legal work for you). You can understand the law of your state so you know in the future incase anything else illegal comes up.

I should however mention that if someone else does end up moving into that home and has the same problems like you had; then the landlady will be taken to court (the landlady is going to be sued either way unless she does hire a professional).

Have you done anything about your shrooms yet, or are you starting to become Princess Peach? XD

No... seriously, how are you doing with it?

Singelli :  "Like a shroom through a ceiling.  So are the Days of our Lives.."
Proper drama.  Really glad you guys went with the moving option.  Not worth it wasting your energies on stubborn, inconsiderate people.  I bet if you close all the doors and windows of that place and make it real dark, it's going to turn into a mushroom jungle in 48 hrs.  If a "little" bit of washer water can ignite a fungus to break through a ceiling like that, imagine how it must look like with no treatment and activity around for a couple of days.  Hope all goes well from now on

thing1 : Look at the few posts above you.

thing1 :
Instead of TdV spam, I'd feel more like you cared if you actually read what I posted.  

I just had to post this.  My husband just told me another thing the landlady claimed.  Apparently, she tried to say that the mold was our fault!  Why?  Because we 'didn't leave the fans running' and if we had, the mold wouldn't have grown.  First off, we DID leave the fans running to dry out our apartment, and second of all, that wouldn't have prevented this.  My husband told her we had the fans running for two days, and she said "That's not what I heard".   From who, exactly?!?!

Anyways... yeah... I've very quickly lost a lot of the respect I had for my land lady.

Oldschool41 :  I appreciate all the legal advice you all have given me. I really, really do. It shows that you care for me and are trying to help.  The problem is, I'm simply not assertive in even the smallest way, and my husband isn't willing to do any of that.  We've never dabbled in legal stuff and likely never will.  I even had my identity stolen once, with a $1600 bill put in our name, and we ended up dealing with that without the law as well.  Fact of the matter is, we already applied for a new place.  It's half the size of our current place, while costing $50 more, but there are added amenities.  We'll hear today whether we got accepted or not, but I can pretty much guarantee we did.

So we have three days to move, for the most part, starting tomorrow.

Singelli: I was actually on my phone when I posted that one, and your posts are hard to read on my phone with your layout, so I apoligize for that. 

And if I was in the area, I would more than willing to help you move. If anything, you should sue the land lady for providing you with a proper place to live, as there was clearly something else going on if the mold was THAT bad. Something else is going on here. 

Wow, what is this? I do not know! And these were so weird and ugly! Ewww.. I hope you do not get in another flood! If you do get in one, be sure to take more amazing pictures of it!!! Wow! - Black Bot.

Singelli :    How is it your fault? I don't get that. Why would you want shrooms to grow out of your ceiling! This whole thing is just crazy.

Singelli :  Hmm, that’s a lot of nasty and foul mushrooms and I don’t want to live in the apartment. Since you lived in the apartments, you got the owner of the apartments to check it out and what did he say about the mushrooms growing in your apartment before you moved out?

Lol, poor you. That is gross. Maybe you discovered a new kind of mushroom mold stuff! Anyway i guess you should just call a professional.