If I live in a rental home that has black mold but my landlord is ignoring it after I have written them a letter, what can I do?
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If I live in a rental home that has black mold but my landlord is ignoring it after I have written them a letter, what can I do?
I have tried contacting the environmental safety department for my county but they do not have an ordinance that will send a building inspector out to my home. I feel like I need legal advice about what to do about that..
Asked on August 13, 2012 under Real Estate Law, Georgia
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 respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call someone to 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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