If I’ve reported to the leasing management about mold in my bathroom wall but they told me that they couldn’t get to it for a week, what should I do?

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If I’ve reported to the leasing management about mold in my bathroom wall but they told me that they couldn’t get to it for a week, what should I do?

Asked on December 11, 2012 under Real Estate Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As long as a landlord takes action in a reasonable amount of time after being notified of such a condition, then legally there isn't much that you can do. A week will in all liklihood legallybe considered to be a reasonable time in which a landlord can take action.

If, however, no such action is taken then you should report the condition to the local board of health. They can force your landlord to remedy the situation. Additionally, you may be able to either repair the condition yourself and deduct the cost from your rent, withhold your rent until the landlord corrects the issue or terminate your lease. The fact is that every residential lease has an implied "warranty of habitabilty" which means that a landlord must provide a tenant with a clean and safe premises in which to live.

However, before taking any action, you should consult with an attorney as to the exact steps that you can take in your specific situation. The law is very precise as to just what action a tenant may take in such as situation as yours.


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