NEED ADVICE!! - Utah contract law!!

My wife and I leased a home which ended up having mold issues. The landlord refused to make repairs to the home after finding out his homeowners insurance wouldn't cover. He is now suing for us moving out 2 months early and for the damages to the home from the mold.
My main question is based on the landlord signing his wifes name without a power of attorney on the lease. Also come to find out she is the sole owner of the home, he has no ties to the home. Is this legal in Utah?? Or does this make the contract null and void??

If Utah is a shared property state, then he is half owner of the home. Does the wife object to her husband's dealings with concern to the lease? If not, this will not be an issue as she will say he had permission.

What is of more concern is the mold. How did you document this? Did you take photos? Did you have tests done by an air quality control comany to show the type of mold in the house and the quantity? Was the owner cited by the health department or a building inspector? What reports do you have to show that the amount and type of mold in the house was harmful? If you did not do these things, you have no proof of mold in the house at all. Please say you followed through on these.

We do have pictures. I did pay for a mold spore test to be done. Which shows the mold in the air downstairs where the issue was starting to be sent through the AC into the upstairs through the vents. The landlords Home Owners Insurancs inspector also took pictures, when he came to look at the damage. Also, a contractor we had come up to assess the damage saw and inspected the damage.

The test shows mold, but does it go farther? Does it show the strain of mold (what type of mold) and the levels of mold (parts per million, or whatever) in the air? There is mold in the air all over the world. There is mold in outdoor air. Your test needs to show that the levels of mold in the home were elevated and that the type of mold was harmful (not all mold is harmful - think of penicillum). That test should have gobne to an air quality lab and come back with a printout of the results to be of any use. Was this a scientific test, or one of those cheap things you can buy in a store? It does make a difference. A lab test can be used in court to show that the home was uninhabitable and why. The store test is pretty much useless for a court since it doesn't show what type or how much mold was there. A little mold would not render the house uninhabitable and would not allow you to break a lease.

Additionally, only a qualified air quality technician is qualified to assess mold damage. A contractor cannot do this. An insurance company cannot do this. A city building inspector is normally certified for this, but those other two are not. (It is equivalent to having a plumber inspect electrical damage. He can tell you it is damaged, but not how or why.) Were the vents specifically tested? If you didn't folow through on this, you may have a really hard time proving this to a court.

This is one issue that comes up all the time. People think that if you can see mold it is good enough to get out of a lease. It isn't. You can't prove by sight if the area is mold or if it is only mildew. You can't prove by sight if the mold is black toxic mold or a similar looking strain. The chance of having toxic mold in any moldy place is less than 1%. There is a 99% chance that the mold is either not toxic (benign) or is benifical (like the mold from penicillum or blue cheese). Mold must be tested specifically for strain and for quantity before a place can be deemed uninhabitable and would allow someone out of a lease. Plus, the technician would inspect and state in a written report the cause of the mold. (Mold caused by a tenant would not relieve them from lease obligations. An example would be a tenant installed dryer that was not vented to the outside.) If you have such reports, you may fair OK in court. But if all you have is a generic drug store test and a contractor's estimate to repair damages, you may be in trouble in court.

Please tenants, get specific advice about breaking your leases because of mold before you act. You must gather the proper evidence for court to prove mold (strain and quantity of it) or you will be charged with the obligations of your lease later.