As a tenant, what are my rights regarding black mold?

UPDATED: Sep 30, 2022

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 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a tenant, what are my rights regarding black mold?

I like in an apartment, the people above us have a leaking pipe that caused a cave in over our bathtub along with amounts of black mold. It has been 4 weeks since the office was notified and has not fixed it yet. This is causing migraines and other health issues due to the exposure of black mold. What are my legal rights to get out of the lease?

Asked on October 10, 2016 under Real Estate Law, Kentucky


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You should contact your local health department and report this situation. Under the circumstances, you may be able to terminate your lease. If the mold condition is severe enough, you may be able to make a claim for "constructive eviction". For example, if the mold is causing you health issues so that you must move out.
Addtionally, you can at least make a claim for the breach of "warranty of habitability", which is a guarantee that is implied in every residential lease. This warranty dictates that a tenant must be given a sanitary and safe premises in which to live. For such a breach, there are several options avaialble to you. For one thing, you can terminate your lease and get the return of your security deposit, or you could withhold rent until the repair is made, or you can make the repair yourself and the deduct the cost from your rent.
You should be aware that if you attempt any of the above remedies be certain of your legal rights under your state's state law, as there can be costly consequences if you fail to do so. At this point, you can consult directly with a local attorney who handles landlord-tenant cases.

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