Indiana Addendum To Apartment Lease regarding Mold

State:
Multi-State
Control #:
US-891LT
Format:
Word; 
Rich Text
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Description

Addendum to rental agreement addressing mold/mildew issues.

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FAQ

A minor mold issue won't provide tenants with ample legal justification to stop paying rent.

Indiana law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination.

Unlike some states, Indiana does not have a law that lets tenants withhold rent or make repairs and deduct it from the rent. Generally, if you do not pay rent, you could be evicted. There may be very limited cases where you can repair and deduct, but you should talk to a lawyer first.

A: Unfortunately, the state of Indiana has no federal laws pertaining to the issue of mold in rented apartments at the moment. Although landlords have to provide tenants with habitable conditions, they have no responsibility when it comes to mold prevention and remediation from a legal point of view.

Landlord: As you know, I phoned you on July 30, 2016, to let you know I've discovered mold growing beneath my kitchen sink. I'm enclosing a few photographs so you can see the extent of the problem. I hope you will arrange to have the mold removed as soon as possible, so that it does not spread.

Dear (Name of landlord or manager), I am writing to request repairs to the (appliance, heating/air conditioning, plumbing issue be specific!) due to (reason for repair; this could include things such as broken handle, leaky sink hose, even normal wear-and-tear that would necessitate replacement).

Indiana law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination.

Landlord: As you know, I phoned you on July 30, 2016, to let you know I've discovered mold growing beneath my kitchen sink. I'm enclosing a few photographs so you can see the extent of the problem. I hope you will arrange to have the mold removed as soon as possible, so that it does not spread.

If mold is growing in your home, you need to clean up the mold and fix the moisture problem. Mold can be removed from hard surfaces with household products, soap and water, or a bleach solution of no more than 1 cup of household laundry bleach in 1 gallon of water.

When writing to your landlord, be specific in describing the problems you are having. Do not exaggerate or under-emphasize the extent of the problem. The landlord may show this letter to a judge if your problem is ever litigated.

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Indiana Addendum To Apartment Lease regarding Mold