unhabital apartment due to mold and mildew

[dwoodley]

My son and daughter-in-law have an apartment in Branson, MO, which they entered into a year lease but that lease has now expired. The landlord is out of state and not physically in the area.

They came to visit us in SW Arkansas for three days, Sunday through Wednesday. When they returned home on Wednesday and getting ready to go to work they notice a water leak around the furnace closet. They notified landlord and before they finished getting ready for work they both started feeling ill. My daughter-in-law has extreme asthma and ended up in the emergency room that night. Again they notified the landlord and he did not agree to pay the hospital charges but did tell them that they could stay in a hotel and deduct from August rent until the problem could be fixed. They stayed in a hotel for three days and then moved to my daughter-in-law's uncle's house. They will stay there for the time being and they have started moving their things into a storage unit. Because the mold and mildrew had time to set up my daughter-in-law can not move back in unless the carpet and pad has been removed and everything washed down with at least bleach.

So they gave the landlord their 30 day's notice and he started getting pretty angry and insisted they send him August rent less the hotel bill and stated that he had repaired all the damage he was going to do.

What are their rights in this situation and what should they do to proceed without losing August rent and their security deposit?

 

[jacksgal]

If the lease has expired then all the tenant is required to do is give proper notice. It appears they have. Nothing wrong here. Tenant needs to pay rent when it is due no later. Since Landlord agreed you could deduct cost of Hotel be sure to copy your Hotel receipt to send with rent along with a statement about agreement and date you made it on. the return of deposit will depend on condition of home when you leave and the cost to make it rentable again

 

[Ctryder]

Why would the LL not pay? Because no one can prove that "Mold" was the problem. Why? Because mold is everywhere.
The only obligation the LL had was to fix the leak around the furnace and clean the mess up.

If you want the carpet and pad to be removed, than asked permission to have it done at your cost. LL is not liable for that. He only has to have it cleaned. If you are trying to sue the LL for mold, you will lose. No one can prove that mold caused your illness. There are no Federal laws that set limits or standards as to what types or levels of mold exposure or of mold presence is healthy or unhealthy, or as to what levels or types of mold are allowed or not allowed indoors.
Mold will always be found in testing. It is everywhere and there will always be some level of mold.

What can they do? They will lose their August rent, LL entitled to it. Deposit will depend on what is damage by you or cleaning that needs to be done. LL fulfilled his obligations. Give your notice and go.
But be very careful, that mean mold will get you once you breath in.