Whose responsibility is it to get rid of Mould?

If the mould is a result of an issue in the property, such as a roof leak, it is generally the property owner/landlord's responsibility to clean the mould and make any repairs necessary to maintain the property in good repair.

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Addendum To Apartment Lease regarding Mold

Miami-Dade Florida Addendum To Apartment Lease regarding Mold

Category:

Landlord Tenant - Residential Leases - Lease Addendums

State:

Multi-State

County:

Miami-Dade

Control #:

US-891LT

Format:

Instant download

Description

Addendum to rental agreement addressing mold/mildew issues.

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FAQ

The Tennessee Department of Health does not have authority to inspect and require landlords to address mold issues in rental property. Laws to address mold directly are not common. However, in some cases, local building codes may help to address the problems that contribute to mold growth.

If the landlord has failed to properly remediate the mold during the 7 day period, then the tenant has the legal right to terminate the lease by doing so in writing.

While there is no specific statute regarding mold, toxic or otherwise for renters, North Carolina's implied warranty of habitability statute and the Unfair and Deceptive Trade Practices Act could provide some protection. For renters, landlords are required to maintain habitable premises. N.C.G.S. § 42-42(a).

Not more than 72 hours ? where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord. Not more than 10 days in all other cases. This includes landlord duties defined under the law RCW 59.18. 060, among others.

Even if you live in an area where no laws are in place to address the mold issue in a residential rental, your landlord is still responsible for providing proper maintenance and repairs. But just as the landlord has obligations where mold is concerned, so do tenants.

Landlord Liability for Mold in Florida However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss.

Florida Statute 83.56 states a tenant should write to the rental unit owner or property manager outlining that you need the mold problem fixed (or other problems with the unit), and that if it is not fixed within 7 days, then you intend to terminate the rental agreement and move out.

Pennsylvania doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.

As a landlord, it's both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould. To do this properly, you need an expert to diagnose the problem and then, ideally, secure a fix that also has a quality warranty.

If the mould is a result of an issue in the property, such as a roof leak, it is generally the property owner/landlord's responsibility to clean the mould and make any repairs necessary to maintain the property in good repair.

Miami-Dade Florida Addendum To Apartment Lease regarding Mold

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