When Mold Forces You Out: Understanding Your Rights and Housing Options During Remediation in Philadelphia County
Discovering mold in your rental property can be overwhelming, but being displaced during remediation doesn’t have to leave you helpless. Pennsylvania doesn’t have any laws that specifically address a landlord’s duties or liability regarding mold prevention and remediation, but tenants still have important rights and options when facing temporary displacement due to mold removal.
Your Rights as a Displaced Tenant
While Pennsylvania lacks specific mold legislation, landlords in Pennsylvania are, nevertheless, bound by what is known as the “implied warranty of habitability,” which is a legal doctrine that requires that tenants be provided with apartments that are in a livable or habitable condition. When mold makes your rental uninhabitable, you have several legal strategies available.
Courts in Pennsylvania have recognized two common legal self-help strategies that tenants may choose to pursue following a mold outbreak in their apartment, or other rental property. The first, known as “rent withholding,” allows a tenant to stop paying rent on the basis that the mold has made their apartment uninhabitable. The second strategy, known as “repair and deduct,” permits a tenant to undertake the mold removal on their own, and then subtract the cost from their rent.
However, tenants may be allowed to withhold rent until the landlord makes necessary repairs. However, this should be done with caution and legal guidance to avoid potential eviction.
Landlord Responsibilities During Displacement
Even if a tenant’s actions are believed to have resulted in a mold issue, the law holds the landlord responsible for its removal and remediation, and waiting for tenants to pay before taking care of the problem is not a recommended strategy, because the longer you wait, the more the mold grows, and the greater the underlying mold issues and related problems become.
When professional mold removal philadelphia county services determine that displacement is necessary, if the mold is everywhere in the unit, the tenant must be temporarily moved out. This is the only safe way to eradicate a serious mold bloom. The landlord should reimburse the tenant for all costs of the displacement, including motel costs, meals out, and all other out-of-pocket costs.
The landlord should reimburse the tenant for all losses, including all rent paid while the unit was affected by mold, all out-of-pocket costs for any displacement, and the cost to replace all damaged personal property.
Temporary Housing Options in Philadelphia County
Philadelphia County offers several resources for tenants facing housing displacement:
- Emergency Housing Assistance: Contact our intake social workers and case managers in one of two ways: Call the Homelessness Prevention InfoLine at (215) 686-7177 and follow the instructions. Visit a City-funded homeless intake center.
- Rental Assistance Programs: Get rental assistance in the city or county of Philadelphia. Churches, charities, and government programs help low-income families pay their rent, get housing vouchers, or assist with a security deposit.
- HUD Resources: For direct assistance, please dial 2-1-1 and contact a homeless service provider in your area. Contact (215) 686-7177 if in Philadelphia.
Philadelphia Eviction Prevention Project (PEPP) – Assists tenants facing eviction through legal representation, financial counseling, a live hotline, a tenant help center, community trainings, and educational materials.
Taking Action: Documentation and Communication
As a tenant, you should notify your landlord in writing if you discover mold or other issues in your rental property. This written notice serves as a formal record that you’ve reported the problem. Proper documentation is essential when dealing with mold in your rental. Take clear photos and videos of the affected areas and keep a written record of when you first noticed the problem.
If your landlord fails to respond appropriately, you have several options: Contact Local Health or Housing Authorities: Local authorities in Scranton, PA, can provide guidance and may intervene if the property is deemed uninhabitable. Seek Legal Advice: Consult with a property damage lawyer who specializes in landlord-tenant disputes. They can provide legal advice and help you understand your options, including potential claims for damages or rent reductions.
Working with Professional Mold Remediation Services
Companies like Mack’s Mold Removal understand the complexity of tenant displacement situations. Mack’s Mold Removal & Inspections is a leading company in the field, specializing in high-quality mold removal and inspections. With years of experience and a team of trained professionals, we are committed to providing exceptional services and ensuring the safety and well-being of our clients. When it comes to mold, we understand the potential health risks and structural damage it can cause to your property.
Customer satisfaction is our utmost priority. Throughout the mold removal process, our team maintains open communication with clients, keeping them informed about the progress and addressing any concerns promptly. Mack’s Mold Removal & Inspections offers competitive pricing options that cater to varying budgets. We understand that mold remediation can be a stressful and unexpected expense, so we strive to provide cost-effective solutions without compromising on quality.
Choose Mack’s Mold Removal & Inspections for your mold removal and inspection needs in Philadelphia, New Jersey, Bucks County, Montgomery County, Chester County, Berks County, and the Lehigh Valley area, and rest assured knowing that you are in capable hands.
Legal Recourse and Compensation
Tenants who believe they have been harmed by high concentrations of mold in their apartment can try to recover damages from their landlord in court. If a judge or jury agrees that the landlord negligently created a mold problem or allowed the problem to continue, the landlord could be on the hook for any harm.
Pennsylvania courts have upheld significant damage awards in mold cases. For example, a Tobyhanna, Pennsylvania, tenant sued her landlord claiming that high concentrations of mold triggered a bronchial infection, causing her to be hospitalized. A jury found the landlord liable and awarded the tenant $150,000 in damages. The court upheld the jury’s verdict.
Moving Forward
While being displaced during mold remediation is disruptive, understanding your rights and available resources can help you navigate this challenging situation. Handling mold in your rental property can be challenging, but knowing your tenant rights and taking appropriate action can make a significant difference. Document the problem, communicate effectively with your landlord, and seek legal advice if needed. By following these steps, you can help ensure a safe and healthy living environment.
Remember that depending on the severity of the mold issue and local laws, landlords may be obligated to provide temporary relocation assistance to displaced tenants. This could include covering the cost of alternative housing or offering a rent abatement. Don’t hesitate to advocate for your rights and seek professional help when needed – both from qualified mold remediation experts and legal professionals who understand Pennsylvania tenant law.