Can a renter bring someone in to test the air quality?

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Can a renter bring someone in to test the air quality?

The tenant had no problems in previous apartments but thinks this apartment is making her sick. Several testers contacted said they couldn’t come in without the landlord’s permission.Testers said they could be charged with trespassing if they don’t have the landlord’s permission. f this is true, can a landlord be forced to test the air quality? If the tenant is willing to pay for the test, can she invite someone in to do it? If a “do it yourself” testing kit shows air quality problems, will that be enough to force the landlord to fix the situation?

Asked on April 24, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, when a unit is leased by a tenant, the tenant has the exclusive possession to use the unit to the exclusion of the landlord. As such, the tenant has the right to have any third party inspector, guest and so forth come onto the rental.

In your situation, the renter has the absolute right to have someone come into his or her rental to test the air quality of the unit.


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