Is a landlord legally obligated to test a property if a new tenant moved out saying the air quality was making them sick?

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Is a landlord legally obligated to test a property if a new tenant moved out saying the air quality was making them sick?

No one but this individual has had this problem. If the testing of the air quality is done, is the landlord legally obligated to provide the them with the results?

Asked on September 3, 2011 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, there is no obligation to test the air quality because one tenant complained. It may be wise for you to test, if you deem there is any legitimacy at all to the complaint, so you know if you need to do anything or not, but that is your decision. (Note: if you're planning on renting the space again, since IF there is health/air quality problem, you could incur liability, it would be prudent to take remedial action.) If you do test, you would not be obligated to turn the results or report over to the tenant unless he or she files a lawsuit against you (e.g. for some allegedly health problem or medical cost) and uses the legal process of "discovery" to request any test results; only in the context of litigation, or a lawsuit, can you be compelled to provide this information.


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