New York, NY asked in Landlord - Tenant for New York

Q: We just rented a home in Oswego, NY. It has been verified to have mold in the basement by a 3rd party lab. What do we do

The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as well. What can we do moving forward?

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1 Lawyer Answer
Aubrey Claudius Galloway
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Answered
  • Landlord Tenant Lawyer
  • New Rochelle, NY
  • Licensed in New York

A: Dealing with mold in your rented home can be concerning. Here are the steps you should take:

1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.

2. **Document Everything**: Keep a record of all communications with your landlord regarding the mold issue. Take photos of the affected areas and any visible mold.

3. **Understand Your Rights**: Familiarize yourself with local tenant laws regarding mold and rental properties. In many areas, landlords are required to maintain a safe and habitable environment, which includes addressing mold issues.

4. **Request Remediation**: Ask your landlord to arrange for professional mold remediation. Mold can be hazardous to health, and it’s important that it is removed safely and effectively.

5. **Consider Temporary Relocation**: If the mold issue is extensive or poses an immediate health risk, you may need to consider temporary relocation until the problem is resolved. Discuss this with your landlord.

6. **Health Precautions**: If you or anyone in your household is experiencing health issues related to mold exposure (such as respiratory problems), seek medical attention. Avoid spending time in the affected areas until they have been properly remediated.

7. **Consult Local Health or Housing Authorities**: If your landlord is unresponsive or unwilling to address the issue, you may need to contact local health or housing authorities for guidance on how to proceed.

8. **Consider Legal Advice**: If the situation is not resolved and you feel your health or safety is at risk, you may want to seek legal advice regarding your rights as a tenant.

9. **Prevent Future Mold Growth**: Once the mold is removed, take steps to prevent future growth by ensuring proper ventilation, controlling humidity levels, and addressing any water leaks or moisture issues promptly.

It's important to address mold issues swiftly, as they can pose serious health risks.

Aubrey C. Galloway III, Esq

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