Legal Question in Real Estate Law in Missouri

Mold Growing in Apartment Walls

I have recently noticed that our walls were getting wet during some heavy rains we had. I contacted the apartment works and informed them that we needed someone to come out and look at our wall. Now because of them not coming out there is a huge mold spot on the wall witch seems to be very soft to the touch. I was wondering if this would be adiquit enough to break my lease seeing as I informed them and they did nothing about the problem.

Thanks


Asked on 9/12/04, 11:22 pm

1 Answer from Attorneys

Scott Mason The Legal Resource Center

Re: Mold Growing in Apartment Walls

Generally a landlord is responsible for maintaining the premesis in a habitable condition. A landlord must also be given a reasonable amount of time to make repairs once they have been notified by the tenant. I would doubt that mold on the wall would make the premises uninhabitable unless the occupant could document that they suffered from some sort of severe mold allergy that made it virtually impossible to inhabit the property with the mold present. You also need to check your lease and see what constitutes a material breach of the lease and how much time the landlord is allowed to correct the problem.

A good reference to consult would be Renter's Rights which can purchased here:

http://www.affordablelegalsolutions.com/landlord-tenant.htm

This book discusses what to do in situations where your landlord fails to make requested repairs.

If you need legal assistance to help you sort through this situation I can be reached at 816-256-4814 for a free 30 minute consultation.

www.affordablelegalsolutions.com

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Answered on 9/12/04, 11:41 pm


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