If we just found out we have mold and our landlord says he isn’t going to waste his money to prove to us that there’s no mold, can we get out of our lease?

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If we just found out we have mold and our landlord says he isn’t going to waste his money to prove to us that there’s no mold, can we get out of our lease?

Asked on November 25, 2011 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have found mold in your rental and the landlord refuses to have any testing done with respect to it, I suggest for peace of mind that you have a third party mold inspector take an indoor and outdoor mold samples at your location to ascertain the type of mold present as well as spore count. Depending upon the type of mold and its count you may or may not have a basis to end your lease.

Depending upon the results, you should then consult with a landlord tenant attorney about the situation. You need to realize that there is mold present everywhere. Not all mold is dangerous. The dangerousness of mold results when an individual is allergic to the type of mold present in his or her place of residence.


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