Tenants & Mold

As a tenant, if you have suffered from any illness due to mold contamination in your rented apartment, then you can sue the landlord for compensation and damage. The first thing that you need to do is to provide evidence of mold contamination. A report from a mold inspector, which affirms the presence of mold in your home, can be sufficient proof of mold contamination. You also need to get the air quality tested to determine if there are elevated and harmful levels of mold spores in your rented premises.

Under the law, it is not the duty of the landlord to provide or pay for such proof, or to get the premises tested for any signs of mold contamination. The burden of providing such proof lies with the tenant. But if there is in fact any mold contamination found, and the landlord has been proved guilty of neglecting his responsibilities, then a tenant can recover any expenses relating to gathering of the proof, as well as any other damages that may arise due to mold contamination.

The most important thing to do when discussing any issues in your rented apartment, is to only contact your landlord through emails, this way you have documented proof that issues were being discussed with time stamps and dates.  Don’t just assume you have mold and stop paying rent.  Rather, if there is evidence of issues you can set up an escrow account and place the rent money in that account while also showing proof of the account to your landlord.  If your apartment is in a condition which is unlivable or proving to be health risk, then vacate the property while the legal process takes it’s course.

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