We decided to get a mold test done because we were always getting sick and there has always been a strange smell in the house. I have a young child and she has been sick every month since we moved in. We had a couple of minor repairs that were needed after we moved in like getting the sprinklers repaired and the AC stopped working cause it needed coolant. Anyways the landlord said that we were responsible for paying these expenses even though we had not caused the repairs. He hired an attorney that demanded us to pay for these repairs. We had to hire our own attorney to tell his attorney that he was in the wrong and to back off. So when we suspected the mold problem we did not want to deal with the landlord until we knew for sure because we did not think he would even answer our call. We hired a company to test and we were right. There was excessive mold found in the house. Can we deduct from our rent for the testing we did even though we did not tell the landlord about it first?
The testing is not the issue here, it is the remediation that needs to be done, your damages, and your right to terminate the lease based on the Warranty of Habitability.
I suspect that your landlord will demand that you pay the remainder of the rent or will threaten eviction. He may win in an eviction case unless you have perfected your defense under the Warranty of Habitability.
I recommend that you speak with an attorney about the damages that your landlord may owe you based on the mold issue and your related health problems. I handle these types of cases and would be happy to speak with you during a free consultation to review the specific facts of your case and your options. If you are interested call 303-688-0944 and ask for a free consultation with Don.
Good Luck!
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