I live in apartment with substantial black mold damage. Its affecting my neighbors and families health. The complex management has denied responsibility and have done nothing to fix the issue.
The first step is to provide proper written notice of the defect ( habitability) and then the landlord has a timeline to remedy the issue or that will be a breach of the warranty of habitability or the lease. Unless there is evidence that your occupation is the cause of the moisture which lead to the mold contamination, like not using exhaust fans.
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1. Has anyone tested for black mold. Unfortunately, the responsibility to test is usually on the tenant to find out if there really is a problem. If black mold is "confirmed," then you may have an habitability claim and there is a process that needs to be followed (notice, time to cure, etc). However, as Shawn points out, if the black mold resulted from the tenant's actions or misuse of the property, then there is no breach of habitability.
The key facts that must be determined before you can do anything, (1) is it really black mold, and (2) what caused it?
If there is truly "substantial black mold damage," a call to the Board of Health and Building Inspector would seem a cost-effective step. Documenting the harm is the first step in dealing with the complex's management.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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