Is the landlord responsible to have a rental home treated and tested for mold due to a continually flooding toilet?

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Is the landlord responsible to have a rental home treated and tested for mold due to a continually flooding toilet?

My family lives in a rental home that has had continual plumbing problems for more than a year. When drains won’t drain, water leaks from under the toilet, out of the bathroom, into halls, under walls and everywhere. Plumbers have been there 4 times but it just keeps happening. Recently, the entire house was flooded after water was flowing out of toilet for 4 hours while were away from the house. Landlord has done nothing to remedy situation. Now I am really concerned about mold. Kids have had rashes, colds and lingering coughs. My husband and I have had persistent headaches, coughs, etc

Asked on January 18, 2012 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the rental that you have has been plagued by assorted water intrusion issues, unless the landlord has been made aware about the presence of mold in the rental, he or she is not responsible for having an inspection of the rental for mold and to remediate it. The landlord must be placed on notice about any mold issues or in the alternative, views it during an inspection.

In the situation that you are writing about, I would request that the landlord retain a mold person to come to the home and test for the presence of mold inside the unit and outside and to determine what type of mold or molds are present. Keep a copy of the letter for future use and need.

If the landlord refuses, you should retain your own mold person for the suggested testing.

I would also take your entire family to the doctor for a check up of their symptoms.

 


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