There is mold in my apartment. My landlord says she doesnt have to have it inspected for health reasons. is that legal?

Asked over 1 year ago - Kansas City, MO

I was out of town for a month. The neighbor above me had a leak that caused damage they fixed. but they did not fix the mold growing in m closet. All of my clothes have been ruined and the apartment wont pay for damages to clothes or a hotel nor will they have the apartment inspected for health conditions or let me out of my lease before 30 days.

Attorney answers (2)

  1. Leonard Komen

    Pro

    Contributor Level 15

    Answered . With our without a lease in Missouri, long held case law under "King v Morehead" states that with your rights as a tenant is an "implied warranty of habitability." your landlord has breached that warranty, which entitles you to pay the rent into court until it's fixed and then get a reduction, or just move without liabilily. A letter from an attorney to the landlord setting this out may get you quick relief

    This comment does not create an attorney-client relationship. The law and its application by the courts is... more
  2. Ronald Jay Eisenberg

    Contributor Level 14

    Answered . The language in your lease would be relevant. For example, does it state that Tenant shall have the right to quiet enjoyment and possession of the Premises? To establish a breach of a covenant of quiet enjoyment, evidence must be presented that shows that the lessee has been actually or constructively evicted from the leased premises. As noted by a Missouri appellate court on January 29, 2013 in G&J HOLDINGS, LLC v. SM PROPERTIES, LP, '"A constructive eviction occurs when the lessor, by wrongful conduct or by the omission of a duty placed upon him in the lease, substantially interferes with the lessee's beneficial enjoyment of the demised premises."

    My comments are general in nature, are not legal advice as to your specific issue, and do not establish an... more

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