ohiolandlord
02-09-2006, 05:35 PM
A tenant in one unit of a two-family house recently asked if we have ever had a mold inspection done on the house. We have not. She is saying that since living in the house (about 1-1/2 years) she gets sick all the time. There is not any visual evidence of mold anywhere. She does have two dogs and two long haired cats living in the house and it is not very clean.
Do we have any legal obligations to get a mold inspection done?
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In Ohio, once the landlord has notice of a condition at the premises which is dangerous to the tenant, a duty arises on the part of the landlord to remedy the problem. If that duty is not met, then the duty is breached. If the breach causes injury to the tenant, then the landlord can be held liable for the damages.
In your situation, you have been put on notice that the tenant suspects that there is mold in the house. But whether there is or is not mold is up for debate. Further, even if there is mold, it is unknown at this point whether the mold is causing the problem or if it is something else (like the dogs or the general uncleanliness).
But the only way that you could be held liable for the tenant's illness is if the tenant can prove the four elements of negligence, duty, breach, causation, and damages.
There is a section of our book available online which goes more in depth on this subject. You can find the book at http://www.ohiolandlordtenant.com/landlordbook.html
Do we have any legal obligations to get a mold inspection done?
________________
In Ohio, once the landlord has notice of a condition at the premises which is dangerous to the tenant, a duty arises on the part of the landlord to remedy the problem. If that duty is not met, then the duty is breached. If the breach causes injury to the tenant, then the landlord can be held liable for the damages.
In your situation, you have been put on notice that the tenant suspects that there is mold in the house. But whether there is or is not mold is up for debate. Further, even if there is mold, it is unknown at this point whether the mold is causing the problem or if it is something else (like the dogs or the general uncleanliness).
But the only way that you could be held liable for the tenant's illness is if the tenant can prove the four elements of negligence, duty, breach, causation, and damages.
There is a section of our book available online which goes more in depth on this subject. You can find the book at http://www.ohiolandlordtenant.com/landlordbook.html