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legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10059
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I just rented a home from a real estate company. The home

Customer Question

I just rented a home from a real estate company. The home has mold growing, no trash can, not all smoke detectors working, a lighting/electrical issue, roof leak, upstairs window nailed shut, and unsafe stairway rail. I had a company come inspect the home. They informed me there was mold growing in the walls. The landlord has removed some mold, spray treated some, and left the rest. The landlord is refusing to remove all of the mold in the home. I have called every agency in town to get some assistance but can't seem to find "the right department". I am concerned that the mold will make my children sick. What can I do?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  legalgems replied 1 year ago.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

So the tenant can give the landlord the opportunity to cure the issue by a certain specified date; if they fail to do so then the tenant may terminate the lease based on constructive eviction; it is important to have everything documented so the courts will not find that the tenant unjustly terminated the lease.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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