Does Mold Make Your Rental Property Uninhabitable?

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By: Bill Henry
PublishedMay 11, 2020
1 minute read

It’s important for landlords to know what makes a rental property uninhabitable. This article touches on whether mold can make a rental property an unsafe place in which to live.

mold in house

What Makes Your Rental Property Uninhabitable?

The warranty of habitability is an implied term in every rental contract stating that the place to be rented is fit for human habitation. In other words, the apartment, house, townhome, etc is habitable.

State law describes what is habitable and what’s not. Typically, as a landlord, you’ll run into issues of uninhabitability under two circumstances.

Mold & Missing Features Can Make a Rental Property Uninhabitable

Mold-related dampness is a circumstance under which a rental home isn’t livable.

Another common situation that leads to a property being uninhabitable is when the home is missing features. We’re talking about the necessary elements of a home, such as plumbing, electricity, waterproofing, and appliances that aren’t functioning.

Both of these situations will give rise to an issue of uninhabitability, which may ultimately lead to issues of a breach of the warranty of habitability.

Talk to a Landlord Attorney About Habitability

If you have questions about what makes a rental property uninhabitable call 303-688-0944 to begin your case assessment.

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