What are my rights as a tenant if I have told my landlord many times about a leak when it rains and now there is mold growing on the wall?
Question Details: They have done nothing.
In every lease there is an implied warranty of habitability, which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes.
The water leak and mold constitute breaches of the implied warranty of habitability since these are health and safety issues.
When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following remedies: The tenant can make the repairs (call someone to make the repairs) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is for the tenant to sue the landlord for breach of the implied warranty of habitability. You can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
