QUESTION
What is my liability as a lanlord in the situation where mold was found in HVAC unit while tennant is living in the apartment? Thanks
Asked on Sep 15th, 2017 on Personal Injury - New Jersey
More details to this question:
My tenant in the apartment called saying that utility/storage room was flooded from HVAC. I went there and and found that the tenant did not change the air filter. I also observerd mold in the utility room walls. Next day I had HVAC unit checked out and the tech support found that the unit was infected with mold. I would like to know what is my liability as a landlord. can the tenant sue me? Thanks
1 ANSWER
Anthony Van Zwaren
If there was a flood from the HVAC was a result of the tenant not changing an air filter (I don't see the connection but I am not an HVAC expert) then you might have a claim against tenant. However, if there was a flood due to other causes then I think that liability may fall on you. You would definitely need to have the mold taken care of. While mold suits are difficult to prove (as far as damages, especially if you take care of the mold), that does not mean the tenant cannot sue. You didn't mention what he HVAC person thought was the cause of the problem. But, even if the HVAC related flooding was due to the tenant, you still would have a responsibility to have the mold problem remediated, but you may be able to charge the costs to the tenant if it was his fault.
Answered on Sep 15th, 2017 at 7:46 AM