What to do if my landlord s refusing to release mold test results?
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What to do if my landlord s refusing to release mold test results?
We have mold in our house and the landlord is not releasing the results of the first test, and is instead asking to do further sampling. I believe it is hazardous to our health to be in the home, is it legal for them to not tell us the results and findings?
Asked on August 23, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, the landlord is not required to turn over to you a mold report which the landlord paid for, unless you sue the landlord (such as to force him to correct mold, for monetary compensation, or to get out of your lease) and, in the course of litigation, use the mechanisms of "discovery" (e.g. a document production request) to get the report. Given the cost and delay of litigation, it may be better for you to hire someone to test and prepare a report for you; if there is a hazardous condition, there is a reasonable chance you could later recover the cost of the testing and report.
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