Mold is a common problem for landlords and renters in Florida’s hot, humid conditions. Unfortunately, it can also cause serious health problems for tenants. If a tenant finds mold in their home, they may be able to withhold rent, but only under certain terms.

Here’s what you should know and how to protect your rental investment if a tenant is refusing to pay rent.

Tenants Must Provide Proper Notice

Many tenants mistakenly think that they can stop paying rent as soon as they find mold in their home. But they must go through a process of notifying their landlord first, either through personal service of the notice or by sending it via certified mail.

If they don’t provide adequate notice – or they can’t prove they did – they may be held responsible for nonpayment of rent. The notice should state that mold was found, when and where it was found, and ideally include photographs of the mold. If any testing was done, the tenant should also include those results.

The notice should give the landlord seven (7) days to remove the mold. If this is not done, the tenant has the right to withhold rent until it is. The tenant can also choose to end the lease and vacate the property within the 7-day period.

They Must Prove The Property Was Inhabitable

Beyond proving the existence of mold in the home, the tenant must also show that the mold made the property inhabitable. In order to legally withhold rent or terminate the lease prematurely, the tenants must be able to prove that the mold was more than just a cosmetic issue.

This may be done if the tenants have medical records indicating that they suffered from mold-induced respiratory issues or if there was damage to their property from the mold. They don’t necessarily have to show you all their evidence either – there may be more that comes out if you have to take the issue to court.

Protect Your Rental Investment With The Help Of A Qualified Florida Landlord Tenant Attorney

If your tenant has withheld rent due to mold or another issue with the property, it’s important to understand your rights and what actions you may be able to take to protect your investment. Contact Florida real estate attorney Joseph Hughes today for more information or to book an initial consultation by calling (954) 256-5125.