Re: Tenant and Claim for Black Mold - Landlord Forum thread 334210

Re: Tenant and Claim for Black Mold by MrDan (Georgia) on April 27, 2015 @14:09

3) What should I do?

You need to respond in a reasonable time after the tenant notifies you. Since this is a re-occurrence of a previous problem you failed to repair properly, you need to respond ASAP!

2) Could I be held liable for potential mold exposure and rent mitigation damages?

Landlords have potential and substantial legal liability to tenants for such items as: mold damage to tenants' health, medical bills for medical mold diagnostic and treatment procedures, loss of earnings because of mold problems, mold damage to tenants' clothing and personal possessions, moving expenses, higher rent differential if the tenants need to move to a mold-safe place, and for any tenant-paid expenses for mold inspection, testing, and remediation of the rental unit.

1) Should I allow for the early termination of the lease?

The landlord cannot terminate the lease because of a problem the landlord has caused or failed to repair that affects the habitability of the rental. The tenant has the right to terminate the lease due to the landlords failure to correct a habitability problem. (landlords breach of the lease)

You need to confirm if indeed mold

exist or its mildew

and respond accordingly. You should correct the drainage to prevent any future flooding. You are required by law to maintain the rental in a habitable condition. Every lease warrants that the rental is in a habitable condition. The implied warranty of habitability cannot be waived and any lease provisions inconsistent with the right to live in a habitable premise can be voided by a court. So renting an apartment 'as is'

may violate the implied warranty of habitability.

So check it out, make repairs as required to remedy the problem. It might not be as bad as you think. If you fail to respond and correct the problem, under the Tennessee Consumer Protection Act (TCPA) the court can award triple damages.

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