Legal Question in Landlord & Tenant Law in Georgia
Our landlord received test results back from a Air Hygenist. But due to liability they are refusing to give us the types of mold the test reveals.
Since they have known about this black mold since July 18 2009, we are just currious what we have been exposed to.
My wife was take to the ER on monday for Ashtma.
What rights as tenents do we have? Do we have to pay for our own test?
2 Answers from Attorneys
Without a lawsuit and the power that goes with that to enable you to force the landlord to produce the test results, I don't know of anything you can do except hire your own expert. Then, if his test is positive, you may have a lawsuit against the landlord for not only failure to repair but for fraud, endangerment, etc. Consult with a local attorney.
That sounds pretty bad-- like gross negligence. It is also quite possible that the landlord has materially breached your lease.
I speculate that the landlord is afraid of liability as the mold results evince a toxic form of mold. Otherwise, I don't know why he would not reveal the results to you.
I would be happy to assist you with the matter.
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