If we found mold inthe bathroom of our apartment and I want it tested, does the landlord have to pay for it?

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If we found mold inthe bathroom of our apartment and I want it tested, does the landlord have to pay for it?

Can I sue them if it is toxic?

Asked on November 22, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you discovered mold in the bathroom of your apartment and want it tested, the landlord is not obligated to pay for its testing. You need to realize that there is mold everywhere in the world. Some of it is good mold and some of it is bad mold. Most mold grows in an area where there is water and humidity such as a bathroom like in your situation.

You need to ask yourself how did the mold arise in your bathroom? Did you possibly cause it or is there some water intrusion from an outside source that the landlord should be responsible for correcting?

Likewise, are you allergic to mold in general or event this type of mold in your bathroom? From what you have written, I do not see a basis for filing a lawsuit against your landlord for the mold. I would advise the landlord of the situation and would then try to eliminate it on my own first.


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