holding rent for cleanup of mold

This is a discussion on holding rent for cleanup of mold within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Can I legally hold my rent until the mold is removed from my kitchen. I have paid to have it ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 14th, 2008, 09:01 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default holding rent for cleanup of mold

Can I legally hold my rent until the mold is removed from my kitchen. I have paid to have it professionally checked out and the diagnosis was mold. My landlord is aware of it but thinks it is no big deal. He claims that he will evict me if i withold my rent until it is fixed. Can I legally withold my rent until it's fixed and can he evict me.
  Reply With Quote
Sponsored Links
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
Old Jul 15th, 2008, 10:15 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: holding rent for cleanup of mold

Who "professionally" checked out the mold? Do you have a written report stating the type (strain) of mold present and the quantity (PPM in the air)? A copy of the lab report? Is it from a certified air quality company and a certified lab? You need to have these things to prove the existance of mold. You cannot prove mold by sight and it cannot be proven by an uncertified contractor. (Mildew can be mistaken for mold by sight.) Additionally, you need the lab report to prove that the type of mold is harmful and that it is in sufficient quantities. Also, have you given a written repair request to your LL, sent by certified mail, return receipt requested to prove you have notified him and he has had sufficient time to make repairs? (Usually 30 days are allowed to repair if it is not an emergency.) Otherwise, he can simply say you never told him about it.

If you have these things, contact the health department or the local building inspector. Theyt will order him to make repairs and you can contact the court about their procedures for rent withholding. FOLLOW THOSE PROCEDURES EXACTLY! Failure to rent withhold correctly can get you evicted, even if there are problems with your unit. Good luck.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 11th, 2009, 06:55 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused Re: holding rent for cleanup of mold

I am a landlord with a renter that will not pay her rent. She has stated that there is a mold problem and that is why she is not paying. We have started the eviction process today and she has brought us a letter that states that she is not paying because of mold and if we continue the eviction process she will sue us. We are not aware of any mold problem and it was not mentioned until she was late on the rent. We are worried about California laws that protect renters even if they are not being truthful and using the law to get out of paying the rent. We do not have money to take her to court and she knows this. Will the law protect her if we continue the eviction? Can she stay longer than the eviction process simply because she claims to have mold?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 11th, 2009, 08:45 PM   #4
Top Level Member
Country:  
sunlover's Flag is: United States
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 2,116

Default Re: holding rent for cleanup of mold

You should find your answers on this site


Landlord/Tenant Book Index - California Department of Consumer Affairs
sunlover is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 12th, 2009, 10:30 AM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: holding rent for cleanup of mold

You should go inspect the unit for mold. If you see no signs of mold, you know that she is just making excuses. Does she have any reports of mold being found in the unit? Test results to show mold? What type of mold? Ask her if she has any of these.

Most times when a tenant reports mold, it is mildew and not mold. Normally this is found in the bathroom and kitchen and is caused by lack of cleaning and failure to use vent fams.

Mold is normally from an extended term water leak. It could be a roof leak, broken pipe, or a groundwater leak into the basement or foundation. Look for these things. A leak that is quickly fixed doesn't normally allow mold to grow. But one that is ignored can cause this. Ignoring a leak is never good.
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 4 replies and has been viewed 2147 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
with holding the rent due to infestation tlrhcbc Landlord vs Tenant Issues 8 Aug 22nd, 2013 06:32 AM
Holding Over (paying an extra $75 month in rent) TheStig07 Landlord vs Tenant Issues 3 Sep 30th, 2012 11:06 PM
Disputes over rent, mold issue - Florida Unregistered Landlord vs Tenant Issues 2 May 18th, 2010 01:04 PM
Tenant with holding rent in FL Unregistered Landlord vs Tenant Issues 3 Aug 7th, 2009 10:14 AM
Landlord refused to clean mold, returned rent check Peaceful Spirit Landlord vs Tenant Issues 3 May 8th, 2008 12:04 PM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 01:15 PM.