What is a landlord’s liability regarding mold exposure in a rental property?

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What is a landlord’s liability regarding mold exposure in a rental property?

I live in a rental property with me and my children and found we were becoming ill. It turns out because there were frequent plumbing issues in the basement that the property manager was aware of but was negligent about fixing. Can I sue them?

Asked on February 2, 2012 under Real Estate Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is mold and you are all getting sick from the mold, then what you need to do is a) get a complaint to the building and safety department and make sure that an inspector can come out and bring the health department and see if an inspection can be made and samples taken for analysis and b) file a complaint with the agency who handles landlord tenant matters and explain the visit from the other agencies and that this is not a habitable living condition, especially since material aspects of the condition of the premises were not disclosed to you. In many states, this is grounds for termination of the lease in your favor and possibly requiring the landlord to pay for your move and security deposit elsewhere.


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