DoI have a case against my landlord ifI complained about mold on my wallsso they came and just painted over it and now its coming back?

UPDATED: Feb 17, 2012

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DoI have a case against my landlord ifI complained about mold on my wallsso they came and just painted over it and now its coming back?

These last couple of weeks been getting headaches and feeling dizzy. I went to the doctors because I thought something was wrong with me. My co-workers were telling me its probably because of that. Also, they told me that you aren’t supposed to paint over mold which I didn’t know.

Asked on February 17, 2012 under Real Estate Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All leases come with what's known as an "implied warranty of habitability," or an obligation imposed on the landlord by law, which requires the landlord to make sure that the rental premises are fit for their intended purpose (for example, for residence). Serious mold conditions can violate this warranty, and can potentially give rise to grounds to seek monetary compensation and/or to terminate the lease. Since the landlord has evidently failed to take reasonable action to remediate the condition after notice, you may have a claim for compensation or termination; you should meet with a landlord-tenant attorney to discuss your rights and options. Good luck.

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