European Stars And Stripes (Newspaper) - November 21, 1986, Darmstadt, Hesse                                Friday now new 21, 1966 the stars and stripes Page court to decide on go s moldy apartment  writer bad nauheim Germany when they built the apartment in the Cutty spa Park Section of this to no town Frey should have thrown away the Mold. They did t Tod h crept in on is. Amy couple from All tides. Spec. 4 Guy and Heather Rosen toy Hod out next week whether icy nude a Good of Cinon when they Fol  to dict to withhold rent when the 19-year-okl couple mopped paying rent in apr the Landlady Ted them. A Cartta the scat will Mike an initial decision on the Case wednesday. Outside the while stucco an dark Wood Structure look As fint class As the surrounding houses. But inside the half under ground apartment one it hit wit the odor of Damp decay. The Rogers nid their Battle against Mold and mildew was a losing one thai began in august1985 when they moved in. We figure we be lost More than $800 Worth of clothing mainly my wife1,T Gary Laid. My Dre Kent turned so Green that i had to buy another  Heather exhibited a moldy jump Boot that looked like oxidized Bronze. Their Feather Luggage is spotted with Green mildew spots. Chain and wooden closets that came with the furnished apartment were coining part at the seams from dampness they said. In addition we be got a defective electric stove that kicks an without touching it Gary said before mov ing out of the apartment. We came Home one afternoon just in Lime to save the cat from suffocating in the thick smoke that developed from the burning stove. All the buttons were on  Heather hat returned to the United states. Gary will be leaving Germany next week for Tep Talion from the array. They were not the first to complain. Another Anny couple had problems with the Mold and stove. But Landlady Hilde be hard who lives upstairs argues the Mold developed because of Lack of ventilation i told them the Rogers when they moved in it Bis plumb new. Saiki bathroom Walls Are canned with Mold. Was a new House and needed ventilation but they did to she said. Even the neighbors remarked that they never opened the windows during the summer months. They be ruined the furniture 1 put in there and just threw it out on the veranda. And Nave you Ever heard of a stove that turned itself on i be even asked an electrician who said it was impossible. They forgot to turn it off that s fall the army should have moved them out month Sago. The army has let me Down. I offered to let the Rogers move out months ago but they would t. I offered to bring in an Independent expert to determine who was at fault about the Moid they turned u Down. They preferred to live Here ruin my House and pay nothing. Ill never rent to americans  Gary said Bernhard advised them Lonte bar dryer to combat the Mold and peeling wallpaper. The couple also complained that their apartment was always cold Tad maintained that they always ventilated it All this and Only 1,000 Marks about $500 a month Gary said with a wry mile. Bernhard called the raters claim ridiculous and said they had plenty of  the Rogers got help when they met Heidi Childers editor of the Grapevine a Mainz newspaper distributed free to the military. I was originally visiting them to do a Story about abandoned cats. It was Winter and so cold and Damp i could t take it for More than 10 minutes said child in a German citizen. They had a cat and i toot it with me because i feared it would die. The Refenes Bank against the Mold was clearly a losing one so i suggested a German  lawyer Heidrun Kurtz said she was convinced of the Rogers Story because she could smell the Moldon their clothes when they entered her office. Her tactic was not for Rogers to Lus the Landlady to Correct the moldy situation but to withhold the rent you have to hit recalcitrant landlords in the pocketbook to get any reaction " Kurtz said. The German system require the plaintiff to pay Advance feet to the court and of Coune the lawyer often take an and Vance. This can be quite costly so by withholding the rent we forced the Landlady to initiate the court a  Bernhard is confident Shell win the court Case but asks herself what Good will it do. Rogers leave the country at the end of the month and win leave the service when he arrives in the United states. How. Will i get my Money from them then the 900 Marks 1450 Deposit Money is nothing com pared to what renovation costs will  Kurtz said Rogers is accountable for any debts he might incur in Germany. I have Hii Home address in Texas the attorney said. The Landlady has no right to assume he is acting in bad Faith. He has also Given me Power of attorney to represent him in the continuation of this  frustrations with pro leads some to seek Legal Aid Friedberg Germany spec. 4 Gary Rogers and his wife. Heather nid they turned to a German attorney to solve their rental problems out of frustration with their housing referral office. We know housing referral knew about this place and the stove Long be fore we moved in and the nco1c out right lied to me when 1 asked if there were any problems Here before i took the place Rogers said. The housing referral Coic staff sgt Robert keen. Said there had been no complaints from the Rogersen predecessor a lieutenant who lived in the apartment several months. Keen said he was not aware of the complaints that his office had found justified earlier in 1985. In that complaint by sgt. David Dix the Friedberg pro was informed of the growing Mold problem the Lack of heat wallpaper coming off the wit and Furni Ture filling apart because of dampness Dix also reported his stove blew up. That complaint was lodged before i arrived Here. I Don t really know what went wrong in the Rogerj Caw keen said. Maybe we fell Down on the Job but i m not sure. I did have a negative gut feeling about the Landlady. She is very Picky. We left her place without a tenant foursome Lime but Rogers came in Here and pleaded for a place. He chose to bring his wife Over Here  Ponsoll 1 could not Mil him to go find Bis own place Al though be was t working through the system so i gave him the place on bedroom partially furnished and within his housing allowances. We even got the Landlady to drop Herren 200 Marks and i wanted him he would have to ventilate the place Well because a Mold problem could develop because of the proximity to the open Salt  keen said he did not hear about the Rogersen trouble until some eight months after they moved into the apart ment in bad nauheim. Maybe they complained to some of my stiff Bat 1 never Beard about their troubles and when i did i was of their Side. I told Rogers we d get him out Buthe said he put the matter in a lawyer s  keen said he is disturbed by the to genes Cue but with a Start of five for i400 american on the Economy some Are bound to slip through the cracks and gel less than the service they deserve.edreav1s Check leases for hidden problems experts warn Tau Nusstein Hahn Germany a German lawyer representing seven american families in Legal no blend with their landlords warns that leases should always be examined for Pitfalls by Legal or homing experts. While All Servic Membert As Well As . Ovd ians who receive housing allowances must go through hous ing. Referral offices and have learn examined before they can sign a contract Tome landlord later present additions Theon tract that should go through the same process Heidrun. Kurtz said. The chief of housing referral at Wiesbaden agree. We Tell our customers not to argue with the landlord but to come to us before they Tayor sip any Hrag  said. And although weave of legalidvke3� nem we can be court witnesses in dispute id Swane tiie Fife of court eases that americans Kurtz further advises that everything be in writing Between landlords and tenants. It i Alto important to remember that Oralf was a writing and if you want to Tell your landlord something important Send the Tetter registered return receipt re Quested. It s Worth the 2 Marks 11 extra. "1 had a Case of an american who had to leave Ger Many and his apartment two years before the contract ran out because his daughter s health could not tolerate the climate Here. He told his landlord about Bis problem on the phone and the landlord agreed to let him out of his contract. Later the Man was charged for two years rent and the american had nothing in writing to Back his Story. He bad to  american should make sure the costs for rent an utilities Ait clearly defined in the contract she said. You can rent for a turn that includes an utilities and the landlord hat to make do with what he charged an cannot come crying for More at a later Date because he Finif Ftp ulried the Laid. Or Yon can pay cold rent pint a monthly pro rated sum for heat and utilities to be calculated at a specific time. Watch out that there s time set for the final Billyou dont want the landlord presenting you a Boffl three years later. Any administrative costs cannot be legally charged to a tenant and any taxes a landlord tries to collect must be agreed to in the signed  Kurtz also said to be sure a i May nato clause a in the contract. The clause states that the contract May be terminated for military necessity if the tenant gives a minimum of 15 Days written notice of an unscheduled permanent change of station. In a three year contract be sure you can get out of it without paying any fines or be Dunne for the entire three Yean the Taid. Remember you cannot get thrown out of an apart ment or House in Germany with much ease. The Best contract i think arc Thote without a time set Kurtz Alto advised to see the yearly Bill assessed tothe previous tenant to you can compare them with your own when you receive Mem. Those Bills must also indicate How the Home Boot were divided among the tenants. Repair coils May not be listed. Be careful not to get tricked into participation of maintenance  systems they can be extremely expensive. Kurtz Taid Good Legal advice can be obtained Inex pensively from the renters Puoci atom  u most cities. A Treavis