Re: Repair and Deduct remedy - Landlord Forum thread

Re: Repair and Deduct remedy by OK-LL on November 6, 2009 @10:52

The implied warranty of habitability may be violated if the presence of mold conditions are identified in the rental unit that affect the livability of the unit or the health and safety of tenants.

If you have tested in a manner reasonably calculated to discover/identify any mold which may exist and have found none, then you have CYA. If tenants attempt any type of self-help (repair & deduct, abandon, withhold rent), you will have to take them to court for non-payment of rent and they will have to prove the mold. You would show the court your evidence that you tested and results were negative.

Good luck.

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