If after a year of living in my unit the leasing office has done little to resolve my mold issue, what are the full legal actions that I can take ?
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If after a year of living in my unit the leasing office has done little to resolve my mold issue, what are the full legal actions that I can take ?
Mold is in the entire apartment I have document proof that my health is effected.
Asked on May 10, 2012 under Real Estate Law, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. The mold is a health issue which constitutes a breach of the implied warranty of habitability. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done and the landlord is required to repond within a reasonable time by making the necessary repairs.
When the landlord fails to respond within a reasonable time to make the necessary repairs, the tenant has the following options: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You might also want to contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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