What to do if we moved into our home unaware of a prior roof leak and now there is mold?

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What to do if we moved into our home unaware of a prior roof leak and now there is mold?

The landlord was slow to do anything until I threaten to leave, I gave them 7 days per state law and our lease and they finally are taking slow steps, can I get out of my lease? They are just having the area repainted and floated. Did not check for mold as I know there is moisture behind the wall per a professional that I hired to look at it. What can I do? I pay way to much to be going through this and feel that this was not disclosed as they knew about this already, I have email confirmations.

Asked on October 16, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the landlord does not in fact correct the mold problem after notice to him and an opportunity to do so, and the mold also poses a health (not merely cosmetic) issue, then you may be able to terminate your lease for violation of the implied warranty of habitability. However, when this is permissible or not is a very fact-sensitive issue--there is no black-letter answer as to whether you do so in any given case. Therefore, you are advised to consult about your specific situation with a landlord-tenant attorney before taking any action.


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