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Q.
There is a mold problem in the
apartment I rent. My young daughter has developed respiratory problems
due to the severity of the mold. This has been confirmed by her
pediatrician. My lease agreement (signed 5 years ago) states that there
is an automatic renewal of 12 months on the anniversary date of the
original signing and also states 60 days written notice for termination
of the lease agreement. I have given the 60 days written notice,
stating that we are moving because of the mold problem and my daughter's
illness caused by this. My landlord now is giving me a hard time because
I signed the original agreement in March and I gave notice in June.
Since the problem is so severe and my child is very sick, can the
landlord do anything legally to me in this situation or can I do
anything to prevent him from suing me? [June 7, 2002]
A.
A landlord owes a duty to provide a
healthy apartment in which the
tenant can live without suffering building-related
health problems. You need to obtain the advice from a local attorney about your possible
rights against the landlord for harming your family's health, upcoming
medical bills, for having to
disinfect mold from your personal
possessions prior to moving, moving expenses, etc. When your lawyer
starts going after your landlord for damages, your landlord may be more
cooperative about letting you out of the lease for the mold hell in
which your family is presently living. Learn about
landlord mold liability.
Q.
Mold is growing all over my apartment walls
and my landlord has not taken care of the problem despite several
requests by me verbally and in writing. What should I do? [Feb. 28,
2004]
A.
Living in mold infestation can cause serious
and permanent health damage. You need to move as soon as possible to a
mold-safe place to live. To document the severity of the mold health
threat you are experiencing, use do it yourself mold test kits from a
large hardware or home improvement store to mold
test the air of each room, basement,
crawl space,
attic, and the outward
air flow from each heating/cooling duct register for the possible presence
of elevated levels of airborne mold spores, especially in comparison to an
outdoor mold control test you will also do. For information on landlord
mold liability, please visit:
Landlord's Liability to Mold Infestation. You should also
read the indepth book
Mold Legal Guide.
[Also visit
Landlord Mold Liability
and the book Mold Legal Guide.]
Read
Mold Legal Guide
as an in depth introduction to both
sides of the key mold legal issues and of the essential claims and defenses
in mold lawsuits.
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