What is my landlord liable for when it comes to mold and mildew that causes health problems?

UPDATED: Apr 18, 2011

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What is my landlord liable for when it comes to mold and mildew that causes health problems?

Asked on April 18, 2011 under Real Estate Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord is given a reasonable amount of time to correct the problem by eradicating the mold and mildew and fails to do so, you may have a claim against the landlord for breach of the implied warranty of habitability.  The implied warranty of habitability is in every lease and requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes.  Since the mold and mildew are causing health problems, this would constitute a breach of the implied warranty of habitability.

A tenant's remedies for breach of the implied warranty of habitability would be either to move out and terminate the obligation to pay rent for the balance of the term or to remain on the premises and withhold rent and defend against eviction.

An alternative would be to have the mold and mildew removed and deduct the cost from the rent.

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