What are a tenant’s rights if there is mold growing throughouttheir apartment?

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What are a tenant’s rights if there is mold growing throughouttheir apartment?

I just moved into my apartment a month or so ago. My landlord never had a walk-through with me to insure everything was fine. Well now that we have been there for a month everything is starting to mold and the apartment is always damp. She told me its not her responsibility to buy a dehumidifier and that we need to put cat litter under our furniture. I do know the basement has flooded before and I’m sure there is mold growing even though we do not have access to it. I don’t know if this is something that needs legal action or not? And if I would get out of my lease and have my property replaced?

Asked on July 1, 2011 under Real Estate Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately contact the departments or agenciesin Ohio that handle the following issues: building and safety; health and landlord tenant matters. Mold can be deadly and at the very least can cause respitory issues. You do not need to put cat litter in the house. You need to have someone come in and force the landlord (even if it requires court order) to fix the problem and pay for your housing elsewhere while this mold removal occurs. You can certainly sue to have your property replaced if the mold caused damage to your property; especially since the presence of mold could cause the home to become uninhabitable. This is a key word. Landlords throughout the country must and shall provide habitable living conditions. Mold could be considered a breach of the lease by the landlord.


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