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Well I have a leased property and the landlord has refused…

Customer Question
Well I have a...

Well I have a leased property and the landlord has refused to fix mold problem notified in writing over a year ago. I bought another place and he is threatening to sue for breach of lease. when he is the one who breached.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ohio I have pics of the mold too and notarized letter I sent him. His response was I should of reminded him.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It says upkeep is on us. But health dept said Landlord are resp for mold issues.that it has to be habitable.

Submitted: 10 months ago.Category: Landlord-Tenant
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10/1/2017
Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,851
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago

Good morning. I am sorry to hear about what you are dealing with. Yes, you are correct. The rental needs to be habitable. If there is mold and this has been brought to the attention of the landlord and it effects your health and safety, it needs to be taken care of the remedied. if the landlord has refused to do so, they would be in breach of the lease and you would have a basis to break the lease and vacate. if the landlord sues, this would need to be raised as a defense, to show the Judge why you vacated the rental and how it was a direct result of the landlords failure to remove the mold and remedied this, pursuant to their obligations.

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Lawyer: LandlordTenantAnswer, Attorney replied 10 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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