moldy landlord

[jguinn]

I just moved in the a new townhouse a month ago and I just found a bunch of black mold in the kitchen. My son has cronic asthma and was in the hospital. My son hasnt had any problem with his asthma is over 3 years. Then when we move into the townhouse I found the mold 2 weeks after. There is also a bunch of pet dander that my sone is highly allergic to. My landlord was supposed to have someone over a week after we moved in to clean the carpets Still a month later noone came. Now I am having problems with the mold. He told me that if it is a health issue then give him 30 day notice and move. Do we legally have to give him a 30 day notice? We are living here on a month to month lease. I dont want to keep my son in the house much longer.

 

[Michael Wechsler]

You've got a choice - if you have a lease you can send a note to your landlord that you are taking care of the problem and taking that amount out of the rent. I'd find it difficult to think he'd somehow try to take you to court for the deficiency. Regardless, your other remedy is to move and, if 30 days is far too long and choose to leave, I'd include a statement that the landlord refused to fix this urgent problem and you are leaving due to health conditions that make it unsafe for living conditions. You may want to call the state department of housing as well if you need to - or mention that to your landlord if he's going to give you a hard time leaving early. Whatever the case, if there is an agreement, GET IT IN WRITING. Best of luck to you.