Mold in Your Apartment - Who is Liable?

If you move into an apartment or a home and you sign a lease, some people might think that they’re stuck with that lease even if they discover that the property has a substantial mold problem. This is not true.

No matter who you’re renting from or what kind of property, it is the landlord’s responsibility to provide you with a healthy place to live. If you or your children become sick due to the mold located in the home, apartment, or business you are leasing, your landlord can be held responsible.

The only thing that you have to do first is prove that mold exists in your rented space. That burden or proof is on you because in most leases, mold testing, inspections, and removal are not covered by the landlord. Landlords do not pay for these; you do. If there is a problem, you have to prove it.

If the rental property is infested with mold, the landlord might be liable for the damage to the tenant’s health, the medical bills associated with mold, loss of income due to sickness, and for the damage to clothing and other possessions. Other possible liabilities include the expense it takes to move to a mold-free environment, the difference between the rent at the mold-infested rental and the new, habitable rental, and for any mold inspections, testing, and remediation of the rental that were paid for by the tenant before moving out.

You should mail a notice to your landlord via certified mail that there is a mold problem first and foremost and provide proof within the envelope. An analysis and identification of the mold sample you collected using a mold test kit signed by a mold laboratory is a good way to prove that mold exists in the property. Even better than this is to have a written report signed by a certified mold inspector along with the above mentioned laboratory report. If notice is ignored by your landlord, you can choose to send a second notice stating that due to the failure to have the mold removed from the property, you are withholding your rent. Lastly, if that is ignored by your landlord, you should send another notice via certified mail that you are vacating the premises and that legal action is going to be taken, especially if you have suffered health complications due to the mold. You shouldn’t need a lawyer to draw up these notices for you, as long as you are clear and to the point that mold exists on the landlord’s property that you are renting and you want it removed and if you are suffering any health complications, these should be stated very clearly and with proof, as well. Most landlords will respond promptly.


Jim Corkern is a writer and promoter of quality
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