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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110573
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have been living in a rental home now for 1 year and 1 month.

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I have been living in a rental home now for 1 year and 1 month. The rental property has an extreme mold problem in the basement which has now traveled up to the main living area. I have addressed this problem with he realtor numerous times and have not been contacted back nor have they remedied the problem. I have numerous items stored in the basement which now are infested with mold, e.g. furniture, washer and dryer. I don't feel it is a safe environment any longer, what are my options. I don't want to have to move, I am having troulbe finding other housing I can afford.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the landlord is refusing to remediate the mold, they are in breach of lease. If you have given notice of the remediation needs and they have refused, you have the option to call the department of health who can come out and cite the landlord, you can consider withholding rent until it is remediated or you can consider paying for the remediation and deducting it from rent and you need to send the landlord a letter informing them that if they refuse to remediate as required, you would take one of your legal options.

Unfortunately, if you have not signed a new lease you are a month to month tenant and they can evict you at any time with 30 days notice. At this point you need to consider filing a complaint with the department of health and building inspector first. Then you need to send a letter to the landlord telling him of their breach and you would avail yourself of one of the legal remedies I mentioned above or you will sue them for breach and the cost of you having to move.

These are your legal rights.

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