What to do if I reported mold over 30 days ago to my landlord and my local health department but my landlord has not contacted me to correct the issue?

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What to do if I reported mold over 30 days ago to my landlord and my local health department but my landlord has not contacted me to correct the issue?

Can I break my lease without paying?

Asked on October 29, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Reporting mold (or some other condition) to your Health Dept. does not have anything to do with whether you can terminate your lease without penalty. A tenant may terminate his/her lease if the landlord, after notice and a reasonable opportunity to take action, violates the implied warranty of habitability: that is, if the premises is not safe for inhabitation and/or not fit for use as a residence. Therefore, the mold condition *may* justify terminating your lease if the severity of it threatens health; on the other hand, a small (or even several small) patch(es) of non-harmful mold would not justify terminating a lease. The question of when a lease may be terminated for health conditions is not always a straightforward one, and is best answered by consulting with experienced landlord-tenant counsel who can evaluate all the specifics of your situation.


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