mold in my house

mold is growing in my apartment and in the utiliy room next the rent office said they will only cut out the bad dry wall in our apartment know that it can come back and it can cause a high level of airbore mold or they can move me to another apartment that has the same problem. i showed the rent office pictures of the mold and countless of doctor notes showing that me and my house mate has been sick. they said they cant move us to another building that doesnt have mold. what should i do?

Asked on June 29, 2009 under Real Estate Law, Tennessee


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your landlord refuses or is unable to move you to a mold free location and if they refuse to take care of the problem I would suggest a couple different options.

1) review the terms of your lease, usually it specifies that a landlord has to provide a safe place to live or some variation of that concept. If that's the case the mold provides an unsafe condition and justifies breaking the lease.

2) have someone come give you an estimate to fix the problem. Than consult with the landlord and see if they will cover the costs of this. If they will not again ti may be justification to leave.

3) I would consult a local attorney, show them the lease and explain the situation. You may also want a letter from the landlord spelling out what they will do at this point. You should discuss with the attorney getting out of the lease and also discuss a possible suit if you or your roommate are sick and it is directly related to the mold. If so you may have a case for having been provided unsafe living conditions but again without talking to you and knowing all the facts its hard to say for sure so consult a local attorney and see what you can do.

Good luck and feel free to come back and ask additional questions if you need more assistance.

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