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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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