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?

Asked about 2 years ago - 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!!!!

Attorney answers (3)

  1. Christopher Saccardi

    Contributor Level 12


    Lawyer agrees

    Answered . 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... more
  2. Henry Lebensbaum

    Contributor Level 20

    Answered . Call local health dept.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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  3. Erik Hammarlund

    Contributor Level 18

    Answered . 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... more

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