If I am renting a home and it has a significant amount of mold growth, is the owner required to cover the maintenace to get rid of the mold?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am renting a home and it has a significant amount of mold growth, is the owner required to cover the maintenace to get rid of the mold?

I am pregnant and know the mold issue is unsafe for me and the baby. We got an estimate of the repairs and have asked them to cover the cost, they refused and said “move out” if you don’t like it. Moving is such an inconvenience and additional expense that we don’t have right now. Do we have any rights to require them to do the work or cover the additional costs of our unexpected move?

Asked on December 22, 2011 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

All leases come with what's known as the "implied warranty of habitability," even when they don't actually say as much...this means that whether or not the landlord specifically promised to keep the premises safely inhabitable, he is nonetheless obligated to do so. Landlords must make sure their premises are fit for their intented purpose--in this case, residence.Severe mold can violate this warranty, because of the health risks.

Tenants can enforce this warranty: you may be able to sue for a court order forcing the landlord to clean up; and/or for monetary compensation; and/or to be able to vacate without penalty. You should discuss the situation and your options with an attorney.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption