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Smith Welch Webb & White Blog

Tuesday, November 22, 2016

Renting and found Mold in your Residence?

If you have found mold and believe it is causing health issues for those living in the house, condo or apartment you’re renting and inhabiting, there are steps that can be taken to protect yourself and your loved ones.

First, you can examine your lease to determine what it specifies about maintenance and notify the landlord or management immediately, in writing, about your concerns.  If the mold is due to faulty construction, or due to negligence on behalf of the landlord, you will need to seek a remedy from the landlord. While Georgia doesn’t have a specific law that addresses a landlord’s duties or liability specific to mold, landlords are bound by a statutory duty to maintain and repair the premises as well as the ‘implied warranty of habitability,” meaning that they must provide tenants with a habitable residence.

The ideal situation is one in which landlord and tenant communicate and resolve the issue. If you find that is not the case, you need to seek legal representation. In Georgia, there is no governmental agency that has the power to intervene in a dispute between a landlord and tenant. 

If the landlord does not proactively take steps to remove the mold, you may choose to take care of the mold clean up on your own and subtract the cost from the rent owed. However, you should never stop making rent payments to your landlord until after you have consulted an attorney, as this course of action will likely lead to eviction and could result in various other disputes and legal problems. Landlord and tenants who cannot resolve disputes on their own can also turn to the courts.

If you are in conflict with your landlord over mold - or other significant health concerns – within your residence, experienced legal representation can ensure that your rights, your health, and your property is protected.   Contact attorney Miranda Hanley at 770-389-4864 to schedule an appointment today.  Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia. Our team of attorneys routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business. 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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