How do you get a landlord to clean up mold when he refuses to do anything about it?
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How do you get a landlord to clean up mold when he refuses to do anything about it?
Asked on January 6, 2012 under Real Estate Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can inform the landlord that the mold represents a health hazard and is a breach of the implied warranty of habitability.
In every lease, there is an implied warranty of habitability, which means the landlord is required to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs.
When the landlord fails to respond in a reasonable time by making the necessary repairs, the tenant has the following remedies: 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.
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