Is my landlord responsible for having an apartment inspected for mold?

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Is my landlord responsible for having an apartment inspected for mold?

I just moved into a new apartment, upon moving into what seemed like a clean and renovated apartment I have been having severe respiratory symptoms that have been worsening. I can’t be inside the apartment for more than a mere 5 minutes without my symptoms worsening for hours. Since I have yet to find visual proof of mold growth aside from my symptoms, will I have to pay for the mold inspection myself?

Asked on April 12, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord has an obligation to remediate, or correct, conditions affecting health and habitability. He does not have an obligation to perform tests to identify whether there any such conditions, especially when there is no evidence of them--your respiratory distress could potentially be related to some other cause. In the absence of any visual evidence of mold, you would have  to arrange for your own mold inspection; if mold is discovered, the landlord will have to address.


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