What to do if the A/C unit is broken and we now have black mold on the walls and our clothes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if the A/C unit is broken and we now have black mold on the walls and our clothes?
My son lives with 3 others. This can cause serious health issues to people that live in there. If they get black mold into there lungs, there will be big health problems very soon; it is toxic. What can be done to a non-responsible landlord?
Asked on January 19, 2013 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Speak with a landlord-tenant attorney: there are several options, but it is best to have legal help in pursuing them. All rental units come with what is known as the "implied warranty" of habitability, or the obligation, imposed on the landlord by law, that he or she provide a rental unit which is "fit for its intended purpose" (residence) or habitable. Serious mold conditions, due to the health risk, can violate this warranty. Depending on the exact severity, circumstances, and whether or not the landlord has been provide notice (and when) of the condition, the tenant(s) may be entitled to:
1) Treat the tenancy as terminated due to the landlord's violation of the implied warranty of habitability (i.e. that they were "constructively"--or effectively--evicted due to the lack of habitability) and move out early without penalty;
2) To pay for remediation efforts themselves, then deduct the cost thereof from rent ("repair and deduct");
3) To seek monetary compensatation (rent abatement) for the time they have been living with the impaired condition.
However, when the situation is not serious enough to violate the warranty, or the tenants do not exercise their rights properly, they can end up liable to the landlord; this is why the assistance of a landlord-tenant attorney is strongly recommended.
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.