If I am renting a home and it has a significant amount of mold growth, is the owner required to cover the maintenace to get rid of the mold?
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If I am renting a home and it has a significant amount of mold growth, is the owner required to cover the maintenace to get rid of the mold?
I am pregnant and know the mold issue is unsafe for me and the baby. We got an estimate of the repairs and have asked them to cover the cost, they refused and said “move out” if you don’t like it. Moving is such an inconvenience and additional expense that we don’t have right now. Do we have any rights to require them to do the work or cover the additional costs of our unexpected move?
Asked on December 22, 2011 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
All leases come with what's known as the "implied warranty of habitability," even when they don't actually say as much...this means that whether or not the landlord specifically promised to keep the premises safely inhabitable, he is nonetheless obligated to do so. Landlords must make sure their premises are fit for their intented purpose--in this case, residence.Severe mold can violate this warranty, because of the health risks.
Tenants can enforce this warranty: you may be able to sue for a court order forcing the landlord to clean up; and/or for monetary compensation; and/or to be able to vacate without penalty. You should discuss the situation and your options with an attorney.
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