Do we have the right to pro rate our rent when we’ve had to deal with a mold problem for over a week now?

UPDATED: Aug 23, 2011

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Do we have the right to pro rate our rent when we’ve had to deal with a mold problem for over a week now?

Asked on August 23, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not you have the right to reduce your monthly rental amount for the unit you are occupying depends upon how responsive the landlord is to your inquiries for remedying the mold issue.

In most states there are statutes allowing a tenant to "repair and deduct" for problems concerning the given rental where the landlord is entirely non-responsive in rectifying the problem.

In such a situation that you are in, if the landlord has not resolved the mold problem in a timely manner after giving him or her a reasonable opportunity to do so, you give written notice to the landlord of your intent to pay for the costs of repairs and when made, you deduct the costs from the next month's rent. Make sure you save all correspondence regarding this issue for future reference.

Absent the above you do not have the unilateral right to debit your monthly rent payment to your landlord. You may wish to contact him or her about a voluntary reduction in rent as a result of the problems you have experienced.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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