Legal Question in Landlord & Tenant Law in Minnesota

Found mold in bedroom. Landlord had closet carpet pulled and molding taken out but water leak not found and plan on covering it up. Can I ask for monies back on rent paid until fixed or what are all my options?

Asked on 4/01/13, 3:01 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Health effects from being exposed to mold do vary widely among people. Certain people are susceptible to illness from mold. Persons with a severely weakened immune system are at risk of serious, even deadly fungal respiratory infections. Anyone with asthma or bronchitis sorts of issues is at high risk for harm, as are infants and children. Certainly you should consult a medical professional if you are concerned about the effects of a moldy environment on your health.

In general, the landlord is responsible for repairing moisture problems and cleaning up mold (unless the mold is a minor issue related to the tenant’s conduct). Landlords are to provide habitable housing to their tenants. And, landlords must provide apartments that are in reasonable repair. If an apartment is uninhabitable or becomes uninhabitable, then the landlord has breached (violated) the lease.

Your starting point is your written lease agreement.

Your city or county may have housing codes that govern the matter.

If there is no local housing authority, the local city or county health department may be contacted.

If there is a local building code official, that officer may be contacted.

You may contact a private attorney who addresses landlord / tenant issues and I recommend this path to you. The attorney’s role is to advocate for you and assist you. Taking legal action seeking damages for harm done to you is a possibility and your private attorney will help you and guide you to document and ‘prove’ your case. I myself consider client's finances in legal fee, but not all attorneys do so.

All the best.

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Answered on 4/01/13, 3:33 pm

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