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If I have mold in my apartment do I still have to pay rent if my landlord is not correcting the problem? Also lead with kids?

East Longmeadow, MA |

My children and I keep having respiratory issues sp I bought an at home mold kit that tested positive. Upon further investigation I found mold behind panelling in Drywall in the bathroom. I suspect more mold as the previous tenants showed me pictures of mold in other areas that the old landlords merely spackled over. Furthermore the current landlords never disclosed there was lead in the home and I have two children under 6. What can I do? I have notified the landlord and he is not doing anything!! HELP!!!!

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Attorney answers 3


Call local health dept.

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If your landlord is aware of the problems and has not taken any steps to correct them, you may be able to withhold rent until the repairs are made. You should give your local health dept a call to have an inspector come look at your home. They will note any violations of the state sanitary code which will give you a much stronger basis for withholding your rent, although this is not strictly necessary. Lead, as you probably know, is a potentially serious issue. You should have your children tested by their doctor to determine whether they have unsafe levels of lead. You should also mention this to the inspector.

I would suggest that you consider speaking with an attorney who may be able to help you address these issues with the landlord. Lead, in particular, is an issue that can lead to significant claims against a landlord so it is worth discussing with an attorney what your options might be. This is especially true if your children test positive for elevated levels of lead.

Good luck!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


First, protect your children and yourself; lead poisoning can be fatal.

Second, contact the local board of health and request an inspection.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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