Legal Question in Personal Injury in Nevada

what rights does a person have when you have discovered your health could be compromised from mold in your home after a flood and your landlord does not make any considerations to change carpet nor clean deal with the mold , as they should ?


Asked on 1/18/11, 10:41 pm

1 Answer from Attorneys

David Otto David Otto & Affiliates, PC

The landlord owes you a habitable place to live. If the mold is extreme, and it makes the place uninhabitable, you can stop paying your rent in order to pay someone to fix the mold problem. You must tell your landlord in writing that is what you're doing. You also run the risk of having your landlord attempt to evict you. He may be successful because you will be taking your chances with the Court System. However, if the mold is that bad, be sure to document it with pictures, mold samples, and perhaps an expert opinion. Then, inform your landlord in writing that you plan to move or plan to withhold rent to pay to have the mold removed. Use the money to pay to have the mold removed and for nothing else. Then pay your rent again, if the landlord hasn't successfully evicted you by then. That doesn't mean he has the legal right to evict you, but it could happen. If he tries to evict you, you may need a lawyer to defend the eviction. You may win and get attorney's fees or you may not. That's the chance you take. The same idea would apply if you move out because of the mold before the end or your lease. Again, inform him in writing with pictures, return receipt requested in order to show the court that you informed him. If you don't keep evidence of you informing him, a landlord like this will most likely lie to the court so he can get more money. So carefully keep evidence of everything. I hope that helps.

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Answered on 1/24/11, 8:12 pm


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