Nevada is a state well-known for its big cities and big lights. Reno, Vegas, and all of the fun and trouble that can be found in these cities is what makes it the destination of many a bachelor and bachelorette party, or just people looking for a little excitement at the cabaret or casino. However, to the more than 2.6 million residents of Nevada, it’s just “home”.
But, regardless of where you choose to call home, things can go wrong. Faulty plumbing, a leak in the roof; these are all situations that can lead to mold growth in a home, even in a state as relatively low in humidity as Nevada.
Mold is a form of diverse living organism from the Fungi family. Mold reproduces by releasing tiny seeds, called spores, which attach themselves to moist organic materials. When in the right environment of moisture and organic compounds, a few tiny mold spores can quickly become a vast colony, contaminating large areas of a household in a matter days.
When mold has settled into a building, not only can it cause damage to the structural integrity of a building by eating away at support beams and drywall, it can also have a very negative impact on those who work or reside within the building. While mold usually has the biggest affect on those with weak or compromised immune systems, it can cause health problems in anyone, and there’s no telling how your body will react to the presence of mold until you’re suffering from the symptoms of mold exposure. Some of the symptoms that can often present themselves through simple allergy or flu-like symptoms, such as headaches, coughing, and sneezing to more serious and dangerous health problems like respiratory infections, brain aneurisms, and even cancer.
For this reason, if you discover mold in your home, it is in your best interest to take action immediately to have the mold removed. Because it is impossible to determine whether the strain of mold growing in your home is dangerous or not without having a professional mold testing done, it is safest to simply remove any mold from the property upon discovery. This is easy enough to do if you live in your own property and have the funds necessary to have mold properly remediated, but what should you do if you’re renting your home?
Remember that your landlord is legally required to maintain your unit in a habitable manner. Given the potential health implications of mold, it is a safe to assume that mold in the premises that you are renting is maintaining your unit in neither a habitable or livable condition. The first thing you should do if you discover mold in your home is to provide your landlord with a written notice as to the nature of the problem. Let your landlord know when and where the mold was discovered, and remind them of their duties to keep your home in safe conditions. Click here to view a sample habitability letter to send to your landlord (NRS 1118A.355).
Be sure that all correspondence with your landlord is in writing and that you keep a copy for yourself, should you ever need to prove your due diligence in court. Also, be sure to send all letters to your landlord via certified mail with a return receipt, in order to have proof that your landlord receives them.
Once you send your landlord the original notice about the mold problem, under Nevada law, your landlord has 14 days to fix the problem. If the 14 days comes and goes and your landlord fails to have the mold properly remediated, you have a few options on how to proceed. You can sue for damages, terminate your rental agreement and move out, or have the mold remediated yourself and deduct the cost from next month’s rent, provided the cost is not more than the cost of one month’s rent. Click here to view a sample repair and deduct letter to send to your landlord (NRS 1118A.360).
At this point, it would be best to meet with a lawyer who specializes in landlord-tenant law, who can give you advice specific to your situation as well as help coach you on the best legal choice for you to take.
Moving out is pretty self-explanatory. You will be terminating the lease as well as your rights to access the unit. Keep in mind that your landlord may disagree about your reasoning for terminating the lease, and thus may come after you for rent for the remainder of the term of your lease, requiring you to defend yourself in court.
If you choose to sue your landlord for any damages caused by the mold situation, on top of finding a good lawyer for your case, you will also need to collect as much evidence to support your case as possible. Anything from photographs and witnesses to notes from doctors or results of a mold test conducted by certified environmental services company, such as Indoor-Restore Environmental Services would provide a good collection of evidence to support you in court. It’s also important to note that taking legal action against your landlord will be a lengthy and complicated process.
Regardless of which course of action you choose to take, it’s important to keep in mind that as a resident of Nevada, you have the right to a livable home, free of mold and other indoor contaminants. You have the right to fight to ensure that the environment that your family and you choose to inhabit is a healthy and safe one.
For more information about tenant rights in the State of Nevada and how an inspection can help determine if you have a problem at your property, call us at 1-866-358-3838 or email us here.
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