Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I am renting a house and i have found mold growing in the

Customer Question
bathroom I have called the landlord...
I am renting a house and i have found mold growing in the bathroom
I have called the landlord an told him about the bathroom
He told me to have someone clean it real good
We did clean it the mold returned
What can i do?
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 2 minutes by:
8/14/2016
Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 35,800
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Have you asked the landlord about the mold company's recommendation?

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
He said he lived here for 30 years and that never happen before?
Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information.

There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Michigan doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.

However, every lease carries the warranty of habitability and the presence of mold may be a violation of that warranty which would allow you to either withhold rent and/or repair and deduct. You would need to pay the rent into an escrow account during that period.

To start, you would want to contact the local health and building departments in your town to ask that they send out an inspector to determine if the mold you have found renders the premises unfit.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions? Have I answered your question?

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

You can also sue the landlord directly for breaching the lease. If the claim does not exceed $5500 you can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
If the mold i have found renders the premises unfit
what would be the step i would need to take to move a get my money back from the landlord?
Customer reply replied 1 year ago
Do i have a account number?
So if i lost you i can log back in to finish the question
Lawyer: Loren, Lawyer replied 1 year ago

You would want to make a demand on the landlord to return your money and terminate the lease. If he refuses then you would sue the landlord in small claims court.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for repairs.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
Sorry for the time gap
If the landlord send a friend over to look at the problem and the friend say it's OK
Do i have the right to call a legal mold company and have the landlord pay or take it out of my rent?
Lawyer: Loren, Lawyer replied 1 year ago

Thank you for following up.

You may have the right to either rent and deduct the cost from the rent or withhold rent until the repair is made. You need to give notice of the need to repair and your intent to exercise either of those options. Here is is a link to a publication which provides templates for the notices (see p. 44) and instructions as far as setting up an escrow account to pay the rent:

http://www.legislature.mi.gov/publications/tenantlandlord.pdf

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
if the landlord doesn't send a mold specialist
I can call one a send him a notice to repair
Just write a notice to repair
Lawyer: Loren, Lawyer replied 1 year ago

If the landlord does not do anything, get a few estimates and then make a demand for repair.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

Did you have further questions before you rate my service to you?

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Ask Your Own Landlord-Tenant Question
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 35,800
35,800 Satisfied Customers
Experience: Attorney with 30 years of experience representing landlords and tenants.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Is stent intile. I own a house in Bronx, NY, I have a tenant
HI! I own a house in Bronx, NY, I have a tenant that own me 9 months of rent. I send him to court and he was supposed to moved out in December, but he keep asking for an extension. He is very disrespectful, he smokes pot in the smell goes down my apartment. What else should I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
My landlord is forcing me to pay for the cost of heat tapeto
hi, my landlord is forcing me to pay for the cost of heat tapeto heat pipes( mine and tennent of first floor)which is wrapped around the pipes outside of both apartments, the water heaters are in an u… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I currently rent an apartment with my father. The apartment
I currently rent an apartment with my father. The apartment is rent controlled, and we originally moved into the apartment complex in 1993, and have lived in our current unit since 2001. I was a child… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I entered into a lease agreement with my cousin that in the
I entered into a lease agreement with my cousin that in the event my step mother passed away, the moment of her passing my life estate would start, that because I was living a long distance away I wou… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a current lease on a duplex in round rock texas all
we have a current lease on a duplex in round rock texas all was good till one roomated died now she wants a new lease with new deposit and new pet deposit same people living here same pets why would I… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Tenant rights! was asked to leave, landlord was mad said I
tenant rights! was asked to leave, landlord was mad said I did not pay rent I p[ayed cash. left that same day became homeless, I'm on disability, I ended getting a nervouse brake down. she kept all my… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
In Florida, there is an abandoned vessel from tenants who
in Florida, there is an abandoned vessel from tenants who have left it behind. which is the easiest way to gain possession even if the vessel has a lien holder AKA "bank" . it has been at said propert… read more
Lori
Lori
Juris Doctor
256 satisfied customers
Our landlords haven't fixed the leak in the storage she/car
our landlords haven't fixed the leak in the storage she/car port/ roof which has led to an infestation of black mold. The leak also leaks onto our breaker box. Our landlords have yet do anything about… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We're moving into a new area and about to rent a condo ( in
we're moving into a new area and about to rent a condo ( in the lease referred to as a townhouse) that is part of a compound.Right at the time where we received the lease to sign, we realized that the… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
My dad just passed away about a month ago? Leaving me the
My dad just passed away about a month ago? Leaving me the owner of property? I just evicted his wife and she's leaving? The light bill is in his name? Can I turn off electricity through the light comp… read more
Loren
Loren
Lawyer
35,800 satisfied customers
I have a tenant who has not paid rent, damaging property,
I have a tenant who has not paid rent, damaging property, parking in other tenants parking spots and has attacked me personally two times. Today I got a certified letter saying I must not cut off his … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I moved to Florida in August to stay with my son and his
I moved to Florida in August to stay with my son and his mother... the agreement was to split the bills... they moved out and shut electric of and now the landlord is trying to stop me from turning on… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I would appreciate your help quickly. I came to visit my son
Hello..My name is***** would appreciate your help quickly. I came to visit my son son, his fiancee and his son to visit for Christmas and New Year's celebration. Upon my arrival, I become concerned th… read more
Lori
Lori
Juris Doctor
256 satisfied customers
Our landlord is refusing anything but cash in hand for rent
our landlord is refusing anything but cash in hand for rent and adding late fees everyday. We are out of town on vacation and offered 4 differernt types of payment including over night check, money or… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Living in apartment 5 years. i am 100% disabled veteran. For
living in apartment 5 years. i am 100% disabled veteran. For 5 years my garage and at times my bedroom and living has leaked water every time it rains, with increasing severity. I was assured it was f… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
I am disabled with severe asthma and my landlord gave me a
I am disabled with severe asthma and my landlord gave me a 30 day notice to vacate after I asked for mold growing in one of my bathroom ceilings to be properly remediated. I have sealed that bedroom a… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Just answer i have a issue with a boyfriend that i had
Hello Just answer i have a issue with a boyfriend that i had kicked me and my youngest daughter out for being in his house for two years he was renting the house from his parents. Me and him were payi… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I rented a room to a tenant, no lease or written agreement.
I rented a room to a tenant, no lease or written agreement. It was agreed that it would be month to month, with her payment due on the 3rd of each month. She moved in Jan 3th, and her next payment is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x