Is the landlord responsible for providing a dehumidifier when living in a basement unit which is damp and starting to mold?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the landlord responsible for providing a dehumidifier when living in a basement unit which is damp and starting to mold?
I just started moving into my rented basement unit where the living room is above ground but the kitchen/dining room and bedroom are half-way underground. The apartment had mold on the window caulking and inside edges of the fridge door. My clothes and bedding became damp because the air was so humid. The paint on the walls in soft and peeling. I asked the landlord if they had a dehumidifier for me to use, they said no but “it would be a good idea for you to purchase one or invest in fans”. Is it the landlord’s responsibility to provide a dehumidifier?
Asked on August 7, 2012 under Real Estate Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is not the landlord's responsibility to provide a dehumidifier, but there are other issues here due to the mold.
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 state and local 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 by making the necessary repairs, the tenant has the following options: The tenant can make the repairs (contact someone to remove the mold) 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 can also contact your local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.