Tenant vs. Landlord (security deposit)?

Hello All,

I am hoping someone can give me some LEGAL advice regarding the below situation (some of you may already be familiar with it since I've posted Qs about this in the past).

I have a problem with mold in my bathroom. It's been an issue almost since I moved into my current apt. (2 years ago). I've spoken to my Landlord and Super regarding this and the Landlord keeps giving me the run-around. The reason for the mold is because theres' a leak in the wall. The guy downstairs from me had to get a huge hole cut out of his ceiling because it was falling from the water damage. I've gotten fed up! Per someone's advice, I sent him a certfifed letter explaining the problem. I am giving him exactly one month from the date on that letter to get this problem fixed or I'm going to get a health inspector to come to my apartment and make this a legal issue.

My Q is - If the Landlord actually gets the mold removed (by removing my ceiling and replacing a new sheet rock), can he take the cost of the repairs out of my security deposit?

This Landlord is a real @$$hole who thinks he knows more than anyone. I speak from previous experiences with another repair issue I had with him when I first moved in.


I live in New Jersey.

9 Answers

  • 1 decade ago
    Best Answer

    If you caused the problem, then yes, but if it is from normal ware and tear, then no, it is coming out of his own pocket.

    I was looking at my lease earlier, and it said something about mold in it, saying that the owner can terminate the lease if there is mold in the building. Not sure if that would allow the tenant to terminate the lease also, but you might want to check into that since he is such an a hole, lol

  • Anonymous
    1 decade ago

    That shouldn't be taken out of your security deposit because you didn't cause the leak. The walls will keep molding if the problem isn't fixed. Replacing the drywall won't do crap. To get rid of mold first you have to get rid of the source!! Mold feeds on oxygen, water, and plant materials (drywall!) so unless the leak gets fixed, that won't help you out at all.

  • 1 decade ago

    Depending on the State you live in you are on the wrong course.

    You should place rent in escrow and file a landlord/tenant complaint with your local court. The court will want to have your Escrow rent pending outcome of the repairs they will order the landlord to make. your security deposit has nothing to do with it.

    The landlord wont be able to get the rent until the court is satisfied the repairs are made.

    Source(s): Been There, did this action for 200 co-renters in a high-rise.
  • 1 decade ago

    if you are in Canada, no he can not take it out, and it legally states that if there is an issue with an apartment, specifically a health hazard such as that, you are to contact your landlord 3 times about the issue, if nothing is done about it, you can call someone into fix it, pay for it, and he has to reimburse you for it. Contact the tribunal, they will be able to give you full legal advice

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    No, he can't take the money out of your security deposit. That is not your problem that there is mold in the bathroom. Contact a lawyer, most will give you a free consult.

  • 1 decade ago

    no way. you didn't cause the damage. look in your original renters agreement, there is usually a section where they have to list any pre-existing damage to the apartment. make sure you keep a paper trail of any e mails or letters that were sent. get info from the guy downstairs too.

  • 1 decade ago

    NO legally he can't because you did NOT cause the damage... Take LOTS of pictures with dates so that if he does decide to be a @$$ you can bring him to court (on his dollar of course) and get ur security back, good luck

    Source(s): I work for a rental management office in CT
  • LILL
    Lv 7
    1 decade ago

    He should not take the costs from your deposit unless you are responsible for the leak or your negligence caused the leak.

  • GI
    Lv 5
    1 decade ago

    Not unless the damage is the direct result of your negligence.

Still have questions? Get your answers by asking now.