Can you force someone to remediate for mold if you don’t pay rent?
- BillLv 71 month agoFavorite Answer
If you are a guest or a Squatter, you can not force the owner to do anything! You could report the condition to the health department but all they can do is threaten to condemn the property if not repaired and you could no longer stay there.
- LLv 51 month ago
NO. If you withhold your rent, for what ever reason, you will get an Eviction Notice.
- 1 month ago
No. In Texas, you can't just withhold rent. I am not sure if you are in Texas, but will touch on what Texas would require. You would have to make two attempts, by certified mail return receipt requested, under a specific law informing the landlord of what is unsafe/unhealthy to a reasonable tenant, that it needs to be remedied, and that if they do not, you intend to exercise your right under the law to terminate the lease. You would have to again send the notice twice and allow a reasonable time with each notice for the landlord to respond. If they do not respond, and do not remedy the situation you would then need to go file in court to have the judge hear the matter and make a ruling. When it comes to mold, you simply seeing mold doesn't constitute a need for remediation. My brother personally went through this, where the apartment was tested by air quality technicians and his complex not only let him out of his lease, but also gave him a handsome settlement. In that instance, the amount of mold present in his apartment was higher than even outside of his apartment and caused him some pretty significant respiratory issues. To put it in perspective, a little mold around a window sill, or even the caulking in the bathroom around the bathtub probably isn't going to get you out of the lease, or get you paid. You can never just not pay rent.
Alternatively, in Texas, when sending the notice, you could also indicate that you will remedy the problem yourself if the landlord does not and submit the receipts for remedy with the rent payment. With the rent paying in full less the costs of the submitted receipts.
- Christin KLv 71 month ago
Yes, in some places. You will have to find out if your state allows for rent-withholding for repairs that aren't done by a landlord. The only way to do that is to do research in your state's landlord-tenant laws, or to consult an attorney about it.
- How do you think about the answers? You can sign in to vote the answer.
- SlickterpLv 71 month ago
Be much more specific, like you owe rent but aren't paying it? IN that case, you can try, and you'll get evicted.
- R PLv 71 month ago
No, unless you take the landlord to court to force the issue.
- SimplytheFACTSLv 71 month ago
huh? you mean you are living somewhere rent free? what is the circumstance? if you are supposed to be paying rent, they can remediate it after you are evicted.....unless you follow legal procedure to force repairs.
- SlumlordLv 71 month ago
Possibly but you could also get evicted for not paying the rent. This is sometimes allowed where I am (to withhold rent for needed repairs) but you generally need a court to order it or you are going to get evicted.
- Elaine MLv 71 month ago
Withholding rent gets you evicted.
Call the health department and have them send someone out to check the condition of the apartment, they go after the landlord.
You also need to make a copy of your letter sent to the landlord detailing issues and problems, as proof you notified them there was an issue.
- Anonymous1 month ago
You can't force anyone to remediate mold whether you pay rent or not. It's not your property.
Not even the health department can force them. If the unit is found uninhabitable, then you can't live there.
By the way, most mold that you can see is common mildew and it's often the tenant's fault from not properly heating/cooling/ventilating the unit in which case the tenant will be responsible for paying for it.
- Anonymous1 month ago
Yes, just tap your heals together you goddamn idiot.