Can a renter bring someone in to test the air quality?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a renter bring someone in to test the air quality?
The tenant had no problems in previous apartments but thinks this apartment is making her sick. Several testers contacted said they couldn’t come in without the landlord’s permission.Testers said they could be charged with trespassing if they don’t have the landlord’s permission. f this is true, can a landlord be forced to test the air quality? If the tenant is willing to pay for the test, can she invite someone in to do it? If a “do it yourself” testing kit shows air quality problems, will that be enough to force the landlord to fix the situation?
Asked on April 24, 2012 under Real Estate Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, when a unit is leased by a tenant, the tenant has the exclusive possession to use the unit to the exclusion of the landlord. As such, the tenant has the right to have any third party inspector, guest and so forth come onto the rental.
In your situation, the renter has the absolute right to have someone come into his or her rental to test the air quality of the unit.
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.