Mold Disclosure Legal Requirements

Summary

Montana law does not explicitly require landlords to disclose mold testing results to tenants. However, landlords must maintain habitable premises and comply with health and safety codes. HUD requires landlords to provide safe, sanitary housing. If mold issues persist, tenants can file complaints with HUD or seek advice from the Montana Department of Public Health and Human Services. Tenants should document all interactions and conditions. For legal action, reviewing Montana Code Annotated 70-24-303 and 70-24-406 is advisable. Rent for project-based Section 8 housing is typically 30% of adjusted income, with specific deductions applicable.

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It has already been discussed. I tested my apartment for mold through a third-party testing company. Results came back * toxic molds due to long term deferred maintenance. Is there a HUD policy or rule for project-based Section *, elderly/disabled buildings about how suspect mold needs to be handled?
While HUD doesn't explicitly address mold, they do require landlords to provide safe, sanitary housing. In their guidelines, they state:
- The housing must be free from health and safety hazards.
- It must be in good repair.

If your landlord fails to address the mold issue, you may file a complaint with HUD.
Already did, they chose not to honor the mold test either.
I'm sorry to hear about your situation. In this case, you might consider contacting the Montana Department of Public Health and Human Services for advice, or potentially seek legal counsel to explore your options.
I have contacted everybody nation wide that I needed to or should have contacted. I'm on my own here cutting a new path of law for low-income tenants who choose to stand up for the right thing when it comes to slumlords.
I admire your determination. You may consider advocating for changes in local laws and policies. Connecting with local tenant's rights organizations could help. Remember to document all interactions and conditions for any potential legal action.
I am in Montana the nearest tenant's rights organizations aren't going to take my case into a court of law, there is no one to do this but me, as it has never been done aparently so put on your researchers hat because you are my best hope at understanding the laws I need to deal with and how to say it, do you understand?
Absolutely, I understand your situation. Please note that I can provide general information, but I'm not a lawyer. For your situation, consider:
- Documenting all communication and taking photos of the mold.
- Reviewing Montana Code Annotated *-*-* on Tenant's remedies for Landlord's unlawful ouster, exclusion, or diminution of service.
- Looking at Montana Code Annotated *-*-* and *-*-* related to Landlord's and Tenant's duties.
This might help you build a case.
I am looking for the technicalities codes, and what the defendant's attorney may ask or say in legal terminology so I know how to reply.
I understand your need for detailed information. Here's a brief overview:
*. You may be asked about "Constructive Eviction" (MCA *-*-*) - It's when a landlord makes the property uninhabitable forcing the tenant to move out.
*. "Habitability" (MCA *-*-*) might be brought up - Landlords must provide safe, sanitary housing.
*. The "Implied Warranty of Habitability" - This law isn't stated explicitly, but courts often use it to ensure landlords provide liveable conditions.
Remember, a local attorney can provide more personalized advice.
What phrasing would go with MCA *-*-*?
MCA *-*-* pertains to the Tenant's maintenance of dwelling unit. The tenant should comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety, and keep the dwelling unit as clean and safe as the premises permit.
So, the property management company sent back my security deposit, would that not show compliance with MCA *-*-*
Returning the security deposit doesn't necessarily show compliance with MCA *-*-*. This law focuses on the tenant's duties, not the landlord's. It's about the tenant maintaining a clean and safe dwelling. The security deposit is often returned if there's no damage beyond normal wear and tear.
In Montana the property management company gives you a list of cleaning you must do, washing walls, refrigerator, oven, etc. If you do not do these things they can deduct reasonable cleaning charges from your security deposit. If no deductions were not taken from the security deposit would not the tenant complied with MCA *-*-*
In Montana, if a landlord didn't deduct cleaning charges from the security deposit, it may suggest that the tenant complied with their duties under MCA *-*-*. However, this doesn't necessarily prove compliance, as the landlord may have overlooked certain issues or chose not to deduct for other reasons.
If the property manager tells you you must close all the windows in your apartment for the next four days because they are going to test on day * for mold, and you are having trouble breathing in the apartment without the windows being open would that be considered constructive eviction or landlord retailiation?
In Montana, constructive eviction refers to the landlord making the property uninhabitable forcing the tenant to move out. Whether this would qualify depends on whether the apartment is deemed uninhabitable. Landlord retaliation refers to negative actions taken by a landlord in response to a tenant exercising their rights. The specifics of your situation would need to be evaluated by a legal professional.
Who gets to deem the apartment uninhabitable and by what law?
In Montana, the determination of habitability is generally made by a court following the provisions outlined in Montana Code Annotated *-*-*. This law mandates landlords to provide premises in a fit and habitable condition. It's advisable to consult with a legal professional for a thorough evaluation of your situation.
Would that mean MCA *-*-* is my focal point for this situation?
Yes, MCA *-*-* could be a focal point as it mandates landlords to provide habitable premises. It's important to have all conditions and interactions documented. Consulting with a legal professional can provide more personalized advice.
Do you understand how HUD calculates rent for project-based section * buildings?
Yes, HUD calculates rent for project-based Section * buildings based on the tenant's income. It usually amounts to *% of the tenant's adjusted income, with certain deductions applied. However, the specifics can vary. Can you provide more details about your situation?
My SSDI was $*. a month, I am 62 years old, disabled, and have a servers dog who's care is approximately $* a year, what would my rent be?
Based on the details provided, the rent calculation would typically be *% of your adjusted income. However, it's important to note that certain factors can alter this, such as utility allowances or other deductions. For an accurate calculation, please consult with your local Public Housing Agency or a legal professional.
With the above information, what would be *% of my adjusted income?
Based on the information provided, your adjusted income would be $* (your SSDI) - $* (dog care) = $* per month. Therefore, *% of your adjusted income would be $* per month. This is a simplified calculation, actual amounts may vary based on additional considerations.
what would be the adjusted income of $*,?
Based on the information provided, if your SSDI is now $* per month and the annual dog care remains $*, your adjusted income would be $* - $* (monthly dog care expense) = $* per month. Therefore, *% of your adjusted income would be $* per month. This is a simplified calculation and actual amounts may vary based on additional considerations.
I get a $* deduction for being * and disabled, my SSDI is $* per month, dog care $* What is *% of my adjusted income
Based on the information provided, your adjusted income would be $* (SSDI) - $*.* (dog care, annual $* divided by *) - $* (deduction for being * and disabled) = $*.* per month. Therefore, *% of your adjusted income would be approximately $* per month. This is a simplified calculation and actual amounts may vary based on additional considerations.
$* deduction for being * and disabled, SSDI $* what is *% of my adjusted income
Based on the information provided, your adjusted income would be $* (SSDI) - $* (deduction for being * and disabled) = $* per month. Therefore, *% of your adjusted income would be approximately $* per month. This is a simplified calculation and actual amounts may vary based on additional considerations.