Let me preface this by saying, moving out is not something my sister wants to do. She lives on a lake and loves her home. But about a month ago, she and her husband discovered mold in the townhouse they’re renting. They notified the landlord (a huge company based in Dallas), who hired a company to inspect. The company sprayed paint over the mold and closed the work order. My brother-in-law took pictures, sent them to the landlord, and they reopened the work order. They’ve gone back and forth with the landlord and the contractors hired by them. The companies refuse to acknowledge it’s mold, instead calling it ‘bacteria.’ After dealing with four different companies, they finally got one to fumigate the property and conduct an air test. Once completed, the company gave the green light for my sister and her family to move back in. But when my brother-in-law asked for a copy of the test results, the company said they weren’t obligated to provide it. He then brought in independent experts who found what they described as the worst case of mold they’ve ever seen, and they recommended moving out immediately. Since then, my sister and her family have been staying with my parents. It’s great to have that option, but my sister has two young kids under 5, and the stress is getting to them. So my question is, what are my sister’s rights legally? Can she hire professionals to do honest work and then bill the landlord? It feels like the landlord is making this difficult in hopes that my sister will break the lease, so they don’t have to deal with the mold. What steps should my sister be taking? Any help is appreciated, especially recommendations in South Florida (Miami) would be great.
Wow, this sounds like a nightmare. If she has everything documented, including all the back-and-forth with the landlord and companies, she might have a case for breaking the lease. But I’m not sure if she can just hire her own people and send the bill to the landlord. Someone else might have more insight on that.
@Zhen
Yeah, the landlord might not be willing to pay for outside services, especially if they haven’t officially recognized the mold as a problem. It could be worth checking with a lawyer for sure.
Gray said:
@Zhen
Yeah, the landlord might not be willing to pay for outside services, especially if they haven’t officially recognized the mold as a problem. It could be worth checking with a lawyer for sure.
Good call. It sounds like it’s time to get some legal advice to figure out the next steps. Hopefully, they can get this resolved without having to deal with mold constantly.
The landlord sounds like they’re not being very helpful. I’ve read that in cases like this, a tenant might be able to break their lease if they can prove the property is uninhabitable. Has she looked into that option?
@realjuror
That’s what I was thinking too. If mold is a serious health hazard, she might be able to break the lease without penalty, especially if she has the documentation to back it up.
She should definitely consult with a landlord-tenant lawyer. In Florida, tenants have rights when it comes to unsafe living conditions, and mold might qualify as that. A lawyer can help her figure out if it’s worth hiring her own contractors.
@Lyle
Totally agree. If it’s as bad as it sounds, getting a lawyer involved could really help speed things up. Plus, they can advise on what kind of documentation will help her case.
Ugh, this is a terrible situation. But I think you’re right to question the landlord’s tactics. Have they tried filing a complaint with a local tenant’s rights organization? Sometimes that can push landlords to act quicker.
@Cleo
Good idea. Sometimes that gets things moving faster since landlords don’t want to deal with public complaints. Plus, they might have more info on tenant rights in this situation.
I think if it were me, I’d be pushing hard to get the landlord to take responsibility. She’s got the documentation, so she should use that to her advantage. I’m sorry she’s going through this, especially with young kids involved.
@Davin
Yeah, the kids must be under a lot of stress with everything going on. Hopefully, she gets some help soon!