Do landlords have to provide alternative housing for tenants while mold is being fixed? They are not paying rent during this.

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Tenants in a rented house reported what they think is a mold problem. Landlord called insurance and they sent someone to look at the issue. They did not do an inspectiong due to not seeing any mold. Tenants did at home test and say there is mold. They are taking children to doctors for suppossed health issues. Landlord is in the process of having a contractor fix the mold issue and submitting the costs to insurance. Landlord let the tenant out of month of rent and paid for a hotel for most of the month of May. Now, he is not obligating tenants to pay rent until the issue is fixed and they can move back in. Tenants are asking for landlord to pay for alternate accomodations. Is landlord obligated to do this?

Attorney Answers

2
Dennis Phillips ·
The lease agreement usually controls in these types of situations. If the lease is silent, then look to the landlord's insurance to provide alternative housing. If you will get me a copy of the policy, then I will be happy to review the coverages with you. Contact me at [email protected] Good luck, Dennis Phillips
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Sebastian Jaramillo ·
If the Landlord wants to comply with his obligations under the lease then he does have to provide for alternate accommodations. In these types of situations it is a better solution for both parties to terminate the lease agreement and then once the mold issue is resolved then lease the unit to another tenant. This is advisable given that the Landlord does not want to have to pay for alternate accommodations for the Tenant and the Landlord should also try to e insulate himself from any possible litigation involving any medical issues arising out of the mold exposure. This answer is provided for informational purposes only and does not create an attorney-client relationship. A more detailed explanation can be provided if you contact our offices directly. Our firm specializes in Foreclosure Defense and Landlord / Tenant Law. Please visit our websites for more information. http://www.foreclosureandlitigation.com and http://www.webevictions.com
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