There was mold build up under the house when they rented it to me and my daughter has been sick for 5 months here what do i do

we moved in 6 months ago and the last 5 my daughter has been vomitting everyday now. i took here to the hospital and they could not find out why. just the other day the termite guy said the house had mold bad under the house in the back part..i called the property mang. comp. and they said the owner does not want to fix it and i have to move in 2 weeks what do i do...do i need a lawyer...

Bullhead City, AZ -

Attorney Answers (2)

Brandy Ann Peeples

Brandy Ann Peeples

Real Estate Attorney - Frederick, MD
Answered

In most leases there is an implied warranty of habitability. This warranty imposes an obligation upon a landlord to maintain the premises in such as manner as not to affect the health and safety of its occupants. Things subject to this warranty would be rodent infestation and mold. Regardless of whether the owner wants to fix the property, he most likely has an obligation to do so.

You need to provide your property management company and the landlord with a written request to fix the problem. Send it by first class and certified mail so that you have proof you mailed it. In some states, such as Maryland, if the landlord does not act within a reasonable time to correct the problem, you can pay your rent into a court escrow account.

Moreover, you may have other causes of action against your landlord if you can show that your daughter's sickness is directly related to the mold in the apartment and the landlord knew or should've known about the mold.

Please do yourself a favor and consult with an attorney in your area.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Landlord / Tenant Lawyer - Fairfax, VA
Answered

See an AZ landlord tenant attorney immediately. You have several issues and there are a number of questions that need to be asked and answered before one could give you your best way-ahead.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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