What can I do if there are mold and mildew on another tenant’s apartment and our landlord refuses to have it permanently fixed? 4 Answers as of October 31, 2012

I am worried about mold and mildew that has grown from the leaks of another tenant’s apartment above us. I have requested that this be fix numerous of times only to have someone come in to patch the problem and not fix the problem only to have that temporary fix fall on us again.

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
When the problem develops again I would not only call the landlord but also the local health department.
Answer Applies to: Michigan
Replied: 10/31/2012
Leonard A. Kaanta, P.C. | Leonard A. Kaanta
In Michigan, you can withhold the rent, until the landlord acts.
Answer Applies to: Michigan
Replied: 10/31/2012
Law Office of Bijal Jani | Bijal Jani
If the mold and mildew is causing a hazardous health condition, your landlord is required to make the requisite repairs. My suggestion is to get in touch with the local buildings department or a licensed home inspector who can come and inspect the premises, so you can then file a formal complaint against landlord if he/she still refuses to do anything.
Answer Applies to: New York
Replied: 10/31/2012
Fidelity National Title Insurance Company
Fidelity National Title Insurance Company | Andrew Capelli
You have two options. One: You can have a couple of estimates done to see how much it would cost to permanently fix the mold/mildew problem. Show the estimates to the landlord. If he still won't fix the problem, hire the contractor with the less expensive estimate, pay yourself and deduct the cost from your rent, submitting copies of the receipts to your landlord. Two: If the mold/mildew is interfering with your use and enjoyment of the property, you can break your lease and move. In order not to be responsible for breaching the lease, you should document the problem with photographs (in addition to estimates). The problem should be such that a judge would agree that you should not have to live there. Good luck!
Answer Applies to: Michigan
Replied: 10/31/2012
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