My landlord refuses to correct the black mold in the house we rent, should we not pay rent?

4 Answers

KR- myopinions Profile
KR- myopinions answered
Don't be too fast to stop paying your rent and give them possible grounds for a legal eviction for non-payment of rent. You want to make sure the landlord is responsible and that you follow appropriate steps and available legal remedies and that it’s all documented.
First, look up your state's landlord and tenant statutes and codes as well as find out what the building codes are where you live (you can probably find those at the housing authority). You need to know what is deemed appropriate legal action where you live and the rights and responsibilities of both parties before you do anything and then take it step by step and retain all the necessary documentation.
The mold has been looked at by a professional company and they have discovered the source of the problem as well as deemed it black mold and the mold has nothing to do with you but is your landlord's responsibility?
You want to document and have proof that you are requesting necessary repairs or remedy from the landlord and they are refusing. You can begin by writing a nice, polite letter in accordance with your state laws and the building codes asking that they have someone out to look at the problem and decide or begin necessary repairs ect., retain a copy and send it so that you have documented proof they have received it.
If none of this has been documented, the mold, conversations, requests and denials for repairs ect. It's all deniable. As the saying goes "If it's not in writing, it didn't happen". It may end up looking like you just decided not to pay rent and then the repair requests were a convenient excuse. 
The landlord is responsible for maintaining the property in a habitable condition but not necessarily for something that may have been caused by the tenant. If there is some sort of leak that may cause mold due to damage that has nothing to with the landlord it may be the tenant's responsibility. If the damage has anything to do with the tenant, they may be able to charge the tenant for the repairs.
If your landlord refuses a repair that is their responsibility, is necessary and fails to act in a reasonable and timely manner, your appropriate remedy may not be to not pay rent, but to have the repairs done at reasonable cost retaining all documents and receipts and providing the landlord with same and deducting the cost of your repairs from your rent. It depends on where you live.
If it is deemed that the type of mold makes the house uninhabitable at the moment it may be another course of action you need to take. You may end up having to file a complaint with the city if they refuse to live up to their legal obligations. Just take it one step at a time and be sure you are acting within the laws and have documentation that it is them and not you that is in the wrong. Hope this is all resolved quickly. Good Luck.
Arthur Wright Profile
Arthur Wright answered
Contact health dpt or building codesdept if really bad but legally  if you had time, and you don't with mold, yu would send him a registered letter giving himexactly 30 days from receipt f letter to fix all said repairs or file rent with courts. You must pay rent or be in legal hot water here
Molly Smithee Profile
Molly Smithee answered
Are you positive it is toxic mold?  I would have it tested to be sure.  The second biggest question would be whether or not you have suffered from ailment as a result of the toxic mold.  This article explains the symptoms of exposure.  You will need to be sure of these things if you intend to actually have a case against your landlord.  This may require going to a doctor's office as well.
catherine adams Profile
catherine adams answered
Be careful for stopping paying the rent can lose you the property. And even have to fight for your deposit back. He has a duty to put things right though so contact the right Agencies who can help you or get someone with experience to advocate for you.

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