If our lease has expired and the rental has a mold issue, are we still required to give notice?

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If our lease has expired and the rental has a mold issue, are we still required to give notice?

Our family was renting a house and the lease expired 9 months ago. Several months ago, the landlord had the roof repaired but it was a poor job. Ever since, the roof has been leaking in the bathroom when it rains hard. We also have mold in the basement and the sewer drain (which is right below the A/C unit and air filter) keeps clogging. The landlord keeps trying to blame us for every issue but these are not ones that we caused. She refuses to correct the mold issue in either the basement or the bathroom. Also, how can we ensure we get our security deposit back?

Asked on June 14, 2012 under Real Estate Law, Pennsylvania

Answers:

Jonathan Pollard / Pollard LLC

Answered 8 years ago | Contributor

Because your lease has expired, you now have a month-to-month lease.  Therefore, you should not need to give that much notice---  one month should be sufficient.  Once you've moved out, the landlord will be obligated to give you your security deposit back.  If she doesn't refund the deposit within 30 days, you may be entitled to a refund of double the amount.  If she does not refund the money, she will have to provide you with an explanation of the claimed damages for which she intends to hold you liable.


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