What legal action can I take if my landlord does not take care of a black mold problem immediately?
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What legal action can I take if my landlord does not take care of a black mold problem immediately?
I moved into the house about 2 years ago and I recently found out thats there is black mold in the air handler and bathroom walls. I have a 3 year old daughter and a fiance who is pregnant.
Asked on May 7, 2012 under Real Estate Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
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 local and state housing codes. The mold is a breach of the implied warranty of habitability because it is a health and safety issue.
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 options: The tenant can 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 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 the housing code violation and compel the landlord to clean up the mold.
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