Legal Question in Landlord & Tenant Law in New York

Tenant reporting suspecion for mold

Hello,

This is what I have received from my tenant today. I have copied the text here at later part of this.

1) Can he break the lease even if I am willing to fix the problem?

2) Please be advised he never complained about mold before this since last 8 months. Wasn't he supposed to keep it mold free?

3) What are my legal rights, If he breaks the lease?

4) How many days I have, to respond to his email notice and how many days I have to repair the mold situation..

I am looking forward to hire an attorney to discuss few things.

''we are almost certain that your home has ''Dirty-Sock-Syndrome'' in its HVAC'. This is a type of mold that lives in the HVAC-coil. We had guest over last night and when the heater kicked on, our guest immediately brought it to our attention (due to the distinct smell that the heater releases when it turns on). It would not suprise me if there was a mold situation because there is also a distinct mold smell coming from the plumming (upstairs) that we have begun to notice over the last few days.

Once I have someone out to verify the mold, we would begin to make arrangements to move. Out of respect for you, we would give you as much time as possible to get another tenant ''

Asked on 4/20/09, 6:54 am

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb
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Re: Tenant reporting suspecion for mold

He cannot break the lease based on "suspicion" but in fact, if there is mold present, it may be grounds. I would be happy to discuss the other matters with you if you would like to talk further about this.

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4/20/09, 11:34 am

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