How long does a landlord have to resolve a mold issue before their tenant can take legal action against them?

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How long does a landlord have to resolve a mold issue before their tenant can take legal action against them?

My tenant called me  2 days ago at approximately 4:00 pm and told me that she thinks that mold has been found in my house. At this point, I started calling around to have someone go out to inspect the property, but because it was the start of the weekend, no one will be available until early next week. I am currently trying to work the issue. I also told her that since her lease is expiring in 18 days, I am willing to wave her 30 day notice if she would like to move right away. I will also return her deposit. Does she have a lawsuit?

Asked on July 17, 2011 under Real Estate Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As long as the landlord responds in a reasonable time, which you have done to try to remedy the problem, tenant should not prevail in a lawsuit based on breach of the implied warranty of habitability.

The tenant's remedies for a breach of the implied warranty of habitability when landlord does NOT respond within a reasonable time, are to make the repairs and deduct the cost from the rent or move out and terminate the obligation to pay rent for the balance of the term of the lease or if tenant decides to stay on the premises, withhold rent and defend against eviction.

Since you have responded within a reasonable time and are trying to have someone inspect the property while offering to waive the thirty day notice requirement and return the deposit, all of these are reasonable measures which would provide a strong defense in the event of any lawsuit. 


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