Can a Tenant Sue a Landlord for Mold? 

Mold is a fungal growth that forms and spreads on various kinds of damp decaying organic matter. Exposure to damp and moldy environments may cause a variety of health effects to people who are sensitive to mold. That is why every landlord should take this matter seriously for their renters’ welfare. 

Is a Landlord Responsible for Mold in New York? 

In New York State, there is no federal law covering a landlord’s responsibilities when it comes to mold. New York State doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. However, the State of New York has taken steps to make it easier for tenants to report landlords for outstanding mold problems. 

According to New York Real Property Law 235-B, there is an implied warranty of habitability in every NYC apartment lease. As a tenant, you have the right to a livable, clean and safe apartment. This right is automatically a part of your lease even if your lease does not actually state this. If there is mold in your apartment, it could be argued that the apartment isn’t a safe, clean environment. 

What Should You Do If You Suspect Mold in Your Apartment? 

When you suspect mold in your apartment, report it to your landlord right away. The landlord must take the initial steps to eliminate all visible mold as well as the poor housing condition that led to mold. Once the problem is reported, be ready to schedule your time for the landlord and contractors to inspect and repair the underlying issue. Also, the landlord must also provide a reasonable written notice to enter your apartment to perform work. 

Is Your Landlord Refusing to Remove Mold? Contact Outerbridge Law Today

If your landlord failed to perform work and hasn’t resolved issues with mold in your apartment, you may be able to sue them. Laws and cases related to mold in apartments in NYC can be complex, but that doesn’t mean you have to put up with mold! . Here at Outerbridge Law PC, we have extensive experience dealing with mold and habitability-related issues. If you think you have a case, don’t hesitate: give us a call at 877-OUTERBRIDGE or contact us online today!