If you have mold in your apartment, it can be a serious problem. While there are several types of mold, some are toxic and can cause health issues. When a tenant finds mold in a rented apartment, it could affect them, and they may exercise their right to stop paying rent. In this article, we explore the rights of a tenant if they discover mold in your apartment.
What to Do If There’s Mold in Your Apartment
Mold can be frustrating, especially when it causes damage to your apartment. However, not all molds are the same. If you discover that your apartment has mold, it means that you need to do some cleanup and remove the conditions that support its growth.
While mold occurs naturally, some, like black mold, are toxic and pose a significant health risk to the inhabitants. This makes it necessary to contact mold inspection professionals at the earliest possible time to mitigate the mold. Since not all mold is dangerous, finding mold in your apartment does not automatically mean that your tenant has to stop paying rent or move out.
Do I Have to Pay Rent If I Have Mold?
One of the most common questions we get from tenants is, “Do I have to pay rent if I have mold in the apartment?” This usually depends on the actions of the landlord and the state laws. If your landlord mitigates the mold in a timely manner, you are expected to continue paying rent as usual.
In instances where the landlord fails to mitigate the mold in a timely manner, you will have several options:
- Withhold Rent: You have the right to withhold rent due to the landlord’s failure to provide a habitable rental. However, make sure you strictly follow the procedures outlined in the law, such as giving the landlord a written notice of the problem and a timeline to fix it before withholding rent.
- Repair and Deduct: The tenant has the right to repair and deduct the cost from the rent, with sufficient notice to the landlord.
- Stop Paying Rent and Move Out: This right usually arises when the tenant has given the landlord notice of the problem and ample time to fix it. However, if the problem is not fixed and the tenant is experiencing health problems due to the mold.
- Call the Code Enforcement or Local Building Inspector: If the landlord is not repairing the mold even after notice, a tenant can report the situation to a local building inspector or code enforcement. The agency may, in turn, issue citations and pressure the landlord to provide a remedy for the issue.
- Sue the Landlord: When everything seems not to work, the tenant may sue the landlord. The court will then order the landlord to remediate the mold and reimburse the tenant for the rent and expenses they may have incurred during the time the landlord did not fix the problem.
Can I Refuse to Pay Rent If There Is Mold?
Although this is a common question among tenants, you cannot refuse to pay rent just because there is mold in your rental property. Before withholding the rent, you need to talk to your landlord and request that they fix the issue. Refusing to pay rent or moving out are the last resort if the landlord fails to address the issue despite providing them with a written notice and giving them time to fix the problem.
Have Your Apartment Inspected for Mold by Experts?
While often overlooked, mold inspection can uncover a lot about your apartment. If you suspect or have noticed any signs of mold in your home, consider having an expert inspect the property. At Mold Inspection Canary, we conduct thorough inspection of your property, helping you avoid issues with your tenants. Get in touch with us today for any inquiries or to book an inspection.
