QUESTION
Can I get evicted for putting part of my rent in escrow to pay for an air quality test after a mold breakout?
Asked on Feb 01st, 2014 on Landlord and Tenant Law - Idaho
More details to this question:
Landlord asked regular handymen to clean a mold breakout (due to water slowly dripping from water meters in a coat closet). They termed it as a minor breakout and used a store cleaner to physically clean the mold and then used a wind blower in the closet to dry up the water (in my absence). I asked for an air quality test and they refused. I ordered one. Can I bill them for it? Can I put the equivalent amount in escrow if they don’t pay? They threatened eviction if I did this.
2 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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You can deduct up to one months rent every six months to make repairs that the landlord has refused to make after written request. There is no provision that permits withholding rent to conduct testing, but your angle should fly, if the test comes back positive for mold.
Answered on Feb 05th, 2014 at 3:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If the air quality test shows that there is a problem, use that to get reimbursed for it. If the test shows no problem, you will have to bear the cost.
Answered on Feb 05th, 2014 at 2:49 PM