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.

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.