Skip to main content

What can i do if there is mold in the house i am renting but my lease is not until 9/1/13?

Fort Myers, FL |

I have noticed there is mold in the house im renting. I have 2 small kids with asthma, and the mold is on the cloest walls, window trims, and walls. What are my.options? Can i move and still get my fill deposit back?

Attorney Answers 2


1. Landlords are required to take REASONABLE steps to make their properties habitable. If you have attempted to resolve this and your landlord refuses to do maintenance, or you think their maintenance is not a REASONABLE way of addressing the issues, you should file a 7-day notice to cure.

2. Forms for a 7 day notice can be found at the clerk of court's office. Fill in the blanks, keep a copy for yourself, and send a copy to the landlord by certified mail.

3. If the landlord still does not fix the problem within 7 days after receipt of the notice, you have two options. You can terminate the lease, not pay any rent, and leave the property completely. You can also remain on the property, but reduce the amount of rent you pay in proportion to the reduction in value of the property to you. In other words, if you think the mold reduces what you would be otherwise willing to pay by 40 percent, withhold 40 percent of your rent.

Things to be aware of:
Your landlord may still sue you for eviction or rent owed. A proper 7 day notice should block any eviction if you prove that you did one, but your judge may disagree with the amount you chose to withhold. In that case, the judge may order you to pay some percentage of the amount withheld.

You can not stay on the property AND withhold ALL rent.

You must pay any rent that becomes due before the landlord receives the notice, or during the 7 days after that, starting the day after receipt. If you elect to leave the property, but stay a substantial portion of time after the 7 days expires, the landlord MAY be able to claim an amount of rent pro-rated in proportion to the time you stayed, even if you depart before rent next becomes due.

My response to this question does not mean I agree to represent you in any proceedings. This information is also not subject to attorney-client privilege.

Mark as helpful

5 lawyers agree


Can't answer the question any better than Mr. Smith. Send your landlord a notice and go from there. Consider also taking photographs or video if possible to document the situation, and consider having a professional inspection. Consult an attorney when necessary.

My answers on are intended to help clarify the legal process in your situation to the extent possible on this website. Criminal law can be very complicated and very serious. Every case is different and my answers are not intended to serve as legal advice unless so stated. If you have been charged with a crime you could be placed on probation or face incarceration. Please contact an attorney if you think you need legal advice in a criminal matter.

Mark as helpful

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics