Q: Can I deduct the money I spend on mold & asbestos testing from the rent? Landlord will not pay. My daughter is sick
My daughter's bedroom ceiling is coming off. It leaked when raining. Yellow stains on ceiling. She has allergies,digestive issues,bad insomnia. Apartment manager said we have to pay for mold and asbestos testing. Also, took my daughter to the dr.Their has been asbestos in other units. The Dr. took blood work, but their isn't really a mold specific test, and to have an air mold test done. It will cost us around $600.00 for the mold & asbestos testing. Can I deduct that from next month's rent? Also, the city inspector told me they aren't supposed to start work on ceiling without asbestos survey since asbestos in other units,but the manager didn't care. She still told me I have to pay for my own inspection and testing.
A: You should immediately sit down with a Landlord Tenant attorney and/or a personal injury lawyer who handle mold cases. A lot of attorneys don't handle mold cases so you might have to contact a few until you find one. If you find an attorney who can help with both that would be best.
A:
No, you should not have to pay anything out of pocket to test for asbestos when there is asbestos in other units. That's the property owner's obligation, as is the mold testing (unless it can be shown without a doubt that your actions caused the mold growth, e.g. you keep it very warm/humid in there on purpose). Yes, you can also deduct the testing costs from your rent, as habitability issues are the responsibility of the landlord, and if they don't handle it you are entitled to deduct the cost from your rent.
Please contact me, as I handle landlord/tenant and personal injury/mold cases.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
