Is my landlord responsible to provide a dehumidifier if it is necessary to keep my apartment habitable and keep mold from growing?

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Is my landlord responsible to provide a dehumidifier if it is necessary to keep my apartment habitable and keep mold from growing?

I have mold growing in my apartment and my land lord has told me it is my responsibility to provide a dehumidifier to keep the mold from growing. I believe that this wold be something they would have to provide me if it is essential to keep my living area habitable. Also, I would like to know if they are responsible for rearing/cleaning and replacing my personal property that has be ruined by mold since they have taken almost 2 months to to rectify the situation?

Asked on September 24, 2011 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every lease comes with what's known as the "implied warranty of habitability." This is a term added to all leases (even if not in so many words) which require the landlord to ensure that the space is fit for its intended purpose--i.e. for residence. While this doesn't require the landlord to fix every small problem, the landlord does need to deal with major issues affecting habitability--like mold. Failure to do so can make the landlord responsible for damage to personal property, for medical costs, for a rent abatement or reduction, give the tenant grounds to move out, etc. You therefore would seem to have some legal options, and should consult with an attorney to explore them. Good luck.


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