What recourse does a rental tenant have when a landlord refuses to clean up and correct a mold issue?

My daughter has rented a house for the past year. There were signs of a previous mold issue in the basement garage when she moved in that we documented with pictures and her initial move in inspection. The mold issue has returned. She informed the property management group who informed the landlord. The landlord has stated they will do nothing to repair the problem. My daughter just recently signed a new lease with them. What recourse can she take either to force them to fix the problem or get out of her lease.

Asked on November 1, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a recurring mold issue at the rental, your daughter needs to write the landlord a letter about the situation requesting remediation by a set date. A copy of the letter should be kept for future need.

If the landlord fails to make the remediation within the requested time period, your daughter should contact the health department and the building/permit department in your locality for an inspection of the property.

If the owner of the property is then cited to fix the mold issue post inspection, he or she must do so or face fines. In the interim, your daughter should consult with a landlord tenant attorney about the situation.

Good luck.


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