Q: Can I sue or break my lease if my landlord won't remediate black mold which I have a reaction to?
I found the mold after removing a fireplace cover to the fireplace, which isn't functional and leaked. The leaks have since been repaired.
A: The first action you should take is to call the Office of Housing Code Enforcement for the city/county where the premises is located and make a formal Complaint about the mold. They should send out an inspector who will issue a Notice of Violation of mold is found and is harmful to health and safety. You may also want to consider filing, with the General District Court for the city/county where the premises is located, a Tenant's Assertion. The requirements for the Tenant's Assertion are embodied in Virginia Code Section 55.1-1244 et. seq.
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