Legal Question in Landlord & Tenant Law in Pennsylvania
Breaking lease due to black mold
I recently suffered attacks to my immune system and respitory system which led me to a hospital stay. We could not find the cause of my symptons. After speaking to a frind she asked me if I had any black mold in my house. This led to us looking into our walls , under carpet (which had all been replaced before we moved in to our rental). We also went into the basement to look around in tucked away places. My house is infested with Black Mold. I know that the landlord had to be aware of this as most spots look as if they have been here for a long time but were ''hidden'' by new wall coverings and floor coverings. I want out of my lease but I do not want it to turn into an ugly legal battle and we need out soon considering black mold is very dangerous and we have subjected our family to it for almost a year unknowingly. How do I get out of my lease without just moving and having it appear on my credit . Also should I take legal action for the cause the mold has had on my healt and if so , how do I go about that?
Thank you in advance for you response,
Wife and mother of 3 young children living in a mold infested rental home.
1 Answer from Attorneys
Re: Breaking lease due to black mold
Based on what you've told me, you can do the following (without knowing the extent of the problem, I can't give you specific advice)
You should inform your landlord of the problem. If your landlord does't fix it, withhold your rent from the landlord (but escrow it in a separate account at a bank) and send the landlord a letter saying why you're withholding.
If you end up breaking the lease, your grounds for doing so would be that the landlord actually violated the lease by violating the implied warranty of habitability (or express warranty of habitability if it's mentioned in your lease).
Yes, you could sue for damages as a result of your health problem if you can link the cause or the aggravation of your health problem to the mold. To do that, you would, of course, have to get a professional (doctor) to testify to that. You would need to get a sample of the mold tested by a lab (preferably at the doctor's direction).
Contact me if you'd like to discuss further.
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