Legal Question in Real Estate Law in Pennsylvania
In an article of agreement, who is responsible to take care of mold that was in the home before current tenant moved in?
2 Answers from Attorneys
Not to intentionally vague, but it really depends on the Agreement. I am uncertain what you mean by an "Article of Agreement". (Lease?)
If the Agreement has a provision for the property owner to remediate the mold, then that party is responsible. Most leases do not have such provisions, however yours may since it sounds like both parties have knowledge of the issue.
If the parties reached an oral agreement on who is responsible to remediate the mold, it could be enforceable if there is not a lease provision requiring all modifications to be in writing and signed by the landlord (or both parties). (That is called a merger clause.)
Absent any provision, there are other standard clauses in leases that arguably could benefit the tenant in your situation.
David M. Kaplan, Esquire
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One last thing- The lease aside, there are laws requiring leased properties be "habitable". If the mold is widespread and/or severe in one location, the property could be viewed as uninhabitbable which would provide the tenant with a defense to escape liability under the lease.