Got a mold problem? File rent escrow action

August 22, 2005

Last update: August 20, 2005 at 7:32 AM

Klein, Special to Star Tribune

August 20, 2005 RLAW0820

Q My daughter and three other girls have rented a home in Marshall,

Minn., while they attend college. When they did the walk-through,

they noticed mold in the bathroom and were assured it would be

removed.

We moved her into the home last weekend and the mold was gone, but

when you walked into the home, you could smell mold and a musty

smell. We went into the basement, which is covered with wallboard

but not painted, and there is mold everywhere. Also, her roommate

began to take down some wallpaper in her room and found mold there

as well.

We would like to get out of this lease, as my daughter cannot live

in a mold-infested home for health reasons. What are our options?

School starts in 14 days, and she needs a clean and safe place to

live.

Mold is a serious issue, especially for college students who spend a

lot of time studying in their home. If the landlord will not let you

out of the lease, your only other option is to file a rent escrow

action and ask that the lease be terminated. Before residents can

pursue such an action, they must give the landlord written notice of

the problem and wait 14 days, giving the landlord an opportunity to

remedy the problem.

I also talked with representatives at Southwest State University,

which your daughter will attend, and they told me that the dean of

students would be happy to attempt to mediate a resolution. Because

the landlord is likely to want to rent to students in the future,

getting the school involved may be helpful.

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