Is a landlord legally obligated to test a property if a new tenant moved out saying the air quality was making them sick?

UPDATED: Sep 3, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 3, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a landlord legally obligated to test a property if a new tenant moved out saying the air quality was making them sick?

No one but this individual has had this problem. If the testing of the air quality is done, is the landlord legally obligated to provide the them with the results?

Asked on September 3, 2011 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, there is no obligation to test the air quality because one tenant complained. It may be wise for you to test, if you deem there is any legitimacy at all to the complaint, so you know if you need to do anything or not, but that is your decision. (Note: if you're planning on renting the space again, since IF there is health/air quality problem, you could incur liability, it would be prudent to take remedial action.) If you do test, you would not be obligated to turn the results or report over to the tenant unless he or she files a lawsuit against you (e.g. for some allegedly health problem or medical cost) and uses the legal process of "discovery" to request any test results; only in the context of litigation, or a lawsuit, can you be compelled to provide this information.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption