Who bears the responsibility for preventing and rectifying the presence of mold in rental units within Tennessee?
There are no laws in Tennessee that require landlords to remediate mold. However, the landlord’s responsibility is to maintain the rental premises clean and habitable.
Tenants must also ensure that they keep their homes clean and habitable. Proper ventilation usage helps to prevent the formation of mold in a home.
- Keep the property safe and habitable.
- Make all repairs for problems reported within a reasonable time.
- Keep all electrical and plumbing appliances in good working condition.
- Meet all required local housing regulations.
- Lawful evictions.
- Collect rent in agreed-upon amounts and time.
- Supply heat and both hot and cold water.
Tenant rights and responsibilities in Tennessee
- To live in habitable conditions.
- Timely repair for all problems you report.
- Fix all damage that is your fault.
- Pay the required amount of rent at the agreed time.
- Use provided garbage disposal receptacles.
- Ensure quiet enjoyment of the property for other neighbors.
- No retaliation from the landlord for exercising legal rights.
- Keep the premises clean and habitable.
Resource: See other state’s mold laws here
How long does a Tennessee landlord have to fix mold?
In Tennessee, landlords have 14 days upon receiving notice of the presence of mold to have it repaired.
Tenants are required to allow their landlords reasonable time to fix reported problems.
If they fail to fix the problem, Tennessee law allows tenants to fix the problem and deduct the cost from the rent.
Tenants can also sue their landlords for the courts to compel them to fix the mold or for damages. Consult a lawyer for help before you sue or choose to repair and deduct.
Mold disclosure law in Tennessee
Tennessee law requires landlords and property sellers to disclose the actual conditions of the home. It also includes any material defects in the property.
Sellers and landlords should allow potential buyers and tenants access to the disclosure form before the conclusion of the purchase or rental agreement.
The landlord or seller needs a home inspector. The inspector will provide a report used to prepare the disclosure statement.
Disclosures offer only the information the sellers and landlords currently have. If the seller or landlord is aware of mold in the house, they will disclose it.
Landlords must remediate the mold before getting a new tenant for the unit. It ensures that they maintain the premises habitable.
Can you break your rental lease in Tennessee due to mold?
You can break your rental lease in Tennessee due to mold.
Tennessee law allows tenants to break their lease if the unit is not habitable. Mold is one of the problems that will make homes uninhabitable.
In many states, tenants are legally not allowed to break the rental lease if the mold is their fault.
When tenants notice problems that can cause mold, they should report them to the landlord immediately.
If the landlord refuses to fix the reported problems and the unit is not habitable, you can consider it constructive eviction.
If the landlord sues you for the rest of the rent, you must prove in court that the house was uninhabitable, the mold was not your fault, and that you had notified your landlord, and they did not fix the house.
You can legally break your lease in Tennessee to start active military duty, the landlord discriminates against you and if you had an early termination clause on your lease agreement.
Can a Tennessee tenant withhold rent due to mold?
Tennessee tenants can withhold rent to compel the landlord to fix some damage in the unit.
Additionally, if the landlord does not repair the problems after a reasonable time, the tenant can repair and deduct the costs from the rent. The tenant must also provide the landlord with a receipt for the cost of repairs.
Can a Tennessee tenant seek justice in court due to mold?
In Tennessee, a tenant can sue the landlord for mold when;
- You have evidence the landlord refused to fix water leaks reported before the mold appeared.
- If you have spent money in a hospital or on medication due to mold exposure.
- Lost income due to a condition caused by mold exposure.
- If you have spent any money to remediate the mold.
- For mold-related damage to your property not covered by your renters’ insurance.
- For pain and suffering caused by the health effects of mold.
- The mold presence is not your fault.
