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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7013
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I have leak in unit I'm renting and it is somewhere inside

Customer Question

I have leak in unit I'm renting and it is somewhere inside wall pipes behind water heater and a/c handler, so order to pin point where leak is all this have to remove. I notified tenant about finding a leak and repairs will be more extensive I thought in beginning and told tenant unit will come inhabitable some point and offer him to leave without penalty and give his security deposit back. He didn't have rental insurance and didn't leave. Now repairs are far along and there is some mold present and now tenant is saying I'm putting him and his family in danger. And living space is not habitable. What can I do if he won't leave? He had only 4 months left his lease term when I offered him to get out of his lease
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.

By offering to cancel the lease and permit him to move out without penalty, you did everything that the law (generally, since I don't know what state you are in) requires of you. If he voluntarily stays on and continues to

pay the rent, that is his choice. (Note: The obligation to pay rent might be questionable if the home is truly uninhabitable. Also, you may have the right to evict the if there is truly a health hazard.) I doubt that any newly appearing mold presents a health hazard, and again, if tenant feels that way, he has the option to move out at any time. The minor mold condition is easy to fix after the leak is repaired.

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