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I live in Omaha, Nebraska. My daughter is sharing/renting a…

Customer Question
I live in Omaha...

I live in Omaha, Nebraska. My daughter is sharing/renting a house with two other girls. They are all teachers. Signed lease in June 2017. Renting with a leasing company. Recently found mold. One of my daughters roommates is extremely allergic to mold to the point that they have to move next weekend. The girls have contacted the landlord via email; cannot contact by phone voice mail is always full. Apparently, the landlord is going to let them out of their lease but the girls will have to continue to pay rent until June when lease is up. The gal they are renting from has made no attempts to advertise or even try to rent the house.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

Who do we report it to? I am concerned that the mold is so bad that they have to move. The wording in the lease, according to my daughter, says they cannot say anything bad against the leasing company; it just sounds really fishy. can't we report this to the health department?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Really concerned.

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/11/2017
Lawyer: barristerinky, Attorney replied 2 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 40,081
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has anyone had a professional come in and test the house to see what the levels are?

.

Have they sent the landlord any written letters about the mold demanding that the landlord cure the problem?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
no and no. shouldn't that be the landlord's responsibility to check out complaints of mold? also, in the contract there is some mention that they can not "bad mouth" the leasing company. is that a little fishy? makes me wonder if they have other complaints against them?
Lawyer: barristerinky, Attorney replied 2 months ago

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

A good landlord would. But if they want to get out of the lease, they have to prove that the dwelling is uninhabitable due to the mold. Then they could terminate, vacate, and sue the landlord for breach of contract for failing to provide a habitable dwelling. If there is a spot of mold under a sink, that isn't going to make a place uninhabitable... if it is everywhere, under the house, and actively reproducing, it would likely make it uninhabitable.. So without anything to use as proof, you can't determine whether it is bad enough to get them out of the tenancy..

.

However, they can contact the local Code Enforcement or Housing Inspector's office and request an inspection. If the mold is severe, they can condemn the place which would allow them to immediately terminate, move, and then sue for damages.

.

And no, they have every right to say anything truthful about the leasing company that they want. The lease can't interfere with their 1st Amendment rights..

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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