Letter to Landlord After Finding Toxic Mold

I wanted to share parts of a letter I wrote and emailed to the management company representing the landlord of the last home we rented with toxic mold. This letter is called a 7 Day Notice To Cure. I’m sharing it here in case it helps someone else.

To read helpful information about withholding rent or breaking a lease please click here. I’ll disclose that I knew that the management company would not be able to start repairs within the given time and I used that to our advantage. I was able to break the lease without penalty and get back our last month and security deposit. I had no intention to stay and wait for remediation because I knew that they would not do it responsibly. I knew that given the results this was a home we didn’t want to live in, even if remediation was done responsibly. I don’t mess around with Stachybotrus or the mycotoxins it produces. End of story.

Please note that this letter is shared for educational purposes only and should not be taken as legal advice.

“Dear _______, I am writing this letter to inform you that our dwelling, (address inserted here), has not been maintained as required by (State inserted here) Statute 83.51(1) or material provisions of our rental agreement.  As noted in a previous email sent to you on ________, our children, my husband and I were experiencing strange and bothersome health symptoms since moving into the above-referenced dwelling. Because we continue to experience unexplained health symptoms while inside of the dwelling, we sought medical input and attention.  Per medical recommendation, we retained the services of a Professional Industrial Hygienist who is licensed and insured in the state of _____ and holds a Ph.D. in his field. Testing was conducted in four areas downstairs, the report is attached. Per the report, due to the air sample results and the inspection findings, the second floor of our dwelling and other areas downstairs will need to be tested immediately.   Per our medical team, toxic mold levels inside of our dwelling are at an extremely dangerous level which poses a serious health risk for occupants, especially for children. The Industrial Hygienist explained that one of the toxic molds found (Stachybotrys) is at an extremely dangerous level. Other toxic molds were found at very high levels within the air samples collected. Per the report, none of these toxic molds were found in the control air sample taken outdoors.  At this time we are requesting that you retain the services of a licensed and insured company as outlined in the attached report and commence work within the next 7 consecutive calendar days. If you do not begin the following remediation/repairs as outlined in the attached report, within seven consecutive calendar days, I intend to (insert one of the following options here) withhold all future rental payments or terminate the rental agreement immediately without penalty.  Please note that an exact copy of this email communication has been sent via regular mail and via certified mail to your attention at (address entered here). We sincerely desire that this issue be resolved proficiently and responsibly.”

Have you broken your lease without penalty when toxic mold wasn’t dealt with properly? Feel free to comment below and share your story. Blessings, Chemical Free Gal