Stern Mold

You’re a tenant who has discovered mold and fungus in your rented home or apartment, but so far your landlord has not adequately dealt with the problem. Do you have any recourse other than moving out?

Is Your Home or Apartment Uninhabitable?

In the state of New York, there is an implied “Warranty of Habitability” in every residential lease that requires the property to be “fit for human habitation.” This warranty outlines a landlord’s responsibilities and your rights as a tenant.

Based on the warranty, the condition of a rental property must not pose a risk to a tenant’s “life, health or safety.” It’s illegal for a landlord to waive this warranty, and such a waiver would be unenforceable even if it’s in the lease.

The standard of compliance is whether or not a “reasonable person” would believe they were being deprived of the intended use of the property. Breaches must involve a lack of maintenance on the landlord’s part and do not apply in the case of tenant misconduct.

What’s the Next Step?

If you believe your right of habitability is being violated, it’s imperative that you notify your landlord in writing and provide a reasonable opportunity for the problem to resolved. Be sure to consult an attorney who can fully explain your rights and responsibilities in this situation.

Stern Mold Provides Quick and Effective Mold Removal and Prevention

If you discover a mold and fungus problem in your building, our proprietary MoldExterm system is more thorough and less invasive than traditional remediation. Contact us today to schedule your free mold inspection by one of our friendly and professional technicians.