Legal Question in Landlord & Tenant Law in Missouri

Security Deposit/Mold

I am in the process of moving from a home. My question is, last year the dishwasher was replaced due to leaking. Water is still coming up from the floor. I called the landlord and told them my floor was black, purple, blue in certain areas. Their response was that it was the glue had been wet from the leak, and it changed colors. I was also told that they would not do anything about it until my lease ran out in Aug. (this was in March when I was told). Since, my husband had been hospitalized for a bacterial infection which started in his lungs spreading into the bloodstream.

Since I am getting ready to move now, even though my rent has been paid up thru the end of August. Am I required to paint the inside of the house (lived here for 4 years) and will I be charged for the damaged floor and cabinets.


Asked on 6/27/07, 9:12 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Security Deposit/Mold

You do not have to paint. Paint is an element of fair wear and tear in a rental house. The landlord should paint.

If you husband suffered a fungal infection of his lungs and it can be tied to black mold from the floor, you may have a case against the landlord for premises liability. You should obtain swabs of the black and purple discolorations and have them tested for black mold. If the same organism is growing out of your floor that is growing in your husband's airway, you could have a good liability case.

Also, Chapter 535 RSMO gives you some rights with respect to the security deposit. http://www.moga.mo.gov/statutes/c500-599/5350000300.htm See this link for more information.

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Answered on 6/27/07, 9:18 am


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