What should I do if my landlord won’t fix a serious mold issue in my apartment?
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What should I do if my landlord won’t fix a serious mold issue in my apartment?
For the last 5 months my landlord has put very little effort into fixing a pre-existing mold problem that I was never informed of when I signed my lease. Only after the mold started to really spread was I made aware of these past issues. I had a professional come inspect just for advice. I then informed my landlord of what the professional suggested. Only after persistantly reminding him, he put a dehumidifier in my apartment which he set to run all day and night. Not only has my electric bill risen, he has made no attempt to compensate me for this issue. Additionally, they gave me mold killing spray for me to do.
Asked on April 19, 2012 under Real Estate Law, Minnesota
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. 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 and 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. The mold is a health hazard which constitutes a breach of the implied warranty of habitability. You also might want to contact the local housing code inspector, who can bring an enforcement action against the landlord for the housing code violation.
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