Standard disclaimer: Landlord/tenant law varies by state, so you’ll want to check your state’s law (or talk to an attorney in your state) before you do anything that might get you into trouble. Withholding rent without a court’s permission or without talking to a lawyer in your state is ALWAYS a risky decision that could lead to you being evicted.

Most states have some form of an “implied warranty of habitability.” This means that the landlord has to provide a livable apartment. If the mold in your apartment is dangerous or harmful to you, the landlord will have broken the implied warranty.

To find out if your mold is dangerous, you should call your city inspector/health department or a private mold removal company to diagnose the problem. Keep any paperwork about what they find in the apartment to use as evidence in court.

If you find out that you do have dangerous mold, generally, you have two options: (1) leave the apartment; and/or (2) sue the landlord for damages. If your landlord sues you for leaving the apartment, you can use the implied warranty of habitability as a defense. Most states also allow you to initiate the suit. You can sue either for damages caused by the mold, or if you decide to pay for and fix the problem on your own, you can sue for the costs you paid to fix it.

If the mold hasn’t affected your family’s health (only property damage or fear of possible health problems), you can probably file suit on your own in small claims court. If the mold has caused someone in the house to get sick, you should call a personal injury lawyer in your state.

Hi Sarah,
You need to get out asap. toxic mold can kill you. your landlord is liable for any health problems you have

Contact your local Depts of Building & Safety and Public Health. Invite them to inspect the property. Seek to obtain a citation ordering the removal of the mold.
It is possible that you will be ordered to leave the premises which relieves you from the rental agreement.

The next person to visit a doctor should also bring a little sample of the mold and inform the doctor of the symptoms members of the family suffer and ask if there is a relationship between the mold and the symptoms. if the Doctor will write a letter confirming the mold to the symptoms you then demand the landlord make immediate emergency repair to address the mold issue. Inform landlord of your intent to vacate unless he responds immediately.

With the MD letter you have a defense to any Landlord continuing claims plus a right to pursue the landlord for medical bills and the deposit he is withholding.

The legal basis for your right is the idea of the premises being uninhabitable or no longer meeting the basic needs for human occupancy. The landlord is violating his absolute duty to provide a safe and reasonable premises metting all the basic building and safety codes.

Good Luck

take pictures, and get a hold of the health board,

is it black mold? Black mold is dangerous enough to have a property condemned!!!

You should check into it to make sure it isn’t dangerous to you or your family. If it is, you would possibly have to move out immediately.

I knew someone that had mold in their house in the basement and it they couldn’t get rid of it and they had to condemn the house, but one kid got pulminary fibrosis from the black mold and he died from it later in his life.

So check it out for your safety!!!