Fighting the Landlord Over Mold

No matter where you live in the United States, one important thing to realize when you’re renting a home or an apartment is that there are some things you are not liable for and the landlord is. Some landlords will try to tell you that a certain thing is not their responsibility or that it was not in the lease, but the fact is that the landlord has a responsibility to make sure that the home or building that you are renting is a safe and healthy environment.

If you discover mold growing in your rental, your first order of business is to have a mold test done either by yourself or preferably by a professional. You have to first prove to the landlord that a problem exists in the rental before you can make him or her do anything about it. Once you have the burden of proving there is mold off your shoulders, then you can worry about what you’re going to do if the landlord chooses to do nothing about it. Mold inspections and tests are not generally covered by most leases and so you have to pay for them.

You must decide whether to continue living in the unit until your landlord takes the necessary steps to have the mold removed or to leave and try to make your landlord pay the cost of relocating you. Depending on the size of the mold infestation, it might be more feasible to stay in the unit. If it’s a large infestation, staying shouldn’t be considered. Sometimes mold can be gotten rid of by you if you’re unwilling to bother with your landlord and go through the trouble of making him or her do anything about it, but whether you do it yourself or have your landlord take care of the problem for you, the mold must be removed somehow if you are to continue living there safely.

When you notify your landlord that a mold problem exists, do this by certified mail so that you have legal proof that you communicated this to him. Send along the proof in the form of a paper signed by a certified mold inspector and what the mold test concluded. If this notice is received and you receive no communication from your landlord, sending a second notice saying that you are not going to pay your rent until he does something about it is the next level. If this is still ignored, notify your landlord a third time by certified mail and inform him that you are moving out and that you will be getting a lawyer. You can sue your landlord for the cost of relocating due to the mold and he is also probably liable for any medical expenses you have incurred due to the infestation.



Jim Corkern is a writer and promoter of quality
Mold Remediation and
water damage restoration> companies across the united states.