What are my rights regarding a continuing mold problem?

UPDATED: Sep 6, 2012

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What are my rights regarding a continuing mold problem?

I’ve been living my home since June of 1998. For the last 3-4 years two of my bedrooms and back room are growing black mold. I’ve told the landlord about this, and he thought that he solved the problem by adding woodchips up the side of the house to stop the rain from getting in. That didn’t work, and the next year, the mold came back. The next year, he sent his landlady out to “kill” on the mold in the rooms. The “kill” was nothing but white paint, and the mold grew right thru the paint. Now this year, its came back again, But it’s worse than ever. All of the walls in the bedrooms have spots on it. All the rooms smell of mold when you enter them.The attic had mold too but it seemed to have dried up.

Asked on September 6, 2012 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All rental units come with what is known as the implied warranty of habitability, or the obligation to provide a rental that is safe and fit for its intended pupose (in this case, residence). Conditions that make a rental unsafe for habitation violate this warranty and can give rise to a legal claim. Potentially, you could seek one or more of the following: to terminate your lease and move out without penalty; monetary compensation for the time you've lived with mold; a court order forcing your landlord to finally correct the condition. You should consult with a landlord-tenant attorney to discuss your options; good luck.

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