Expert: Jim Avancena - 1/29/2012

Question
I'm having a serious reaction to the mold in my store.  It is proving to be a health risk for me.  I haven't been able to work for more than 2 hours here and there. We just moved our store to this location 3 months ago.
 In my lease, it states that we are responsible for leaks (we agreed to repair them, my husband is a very handy guy)on the exterior.  However, one of the water pipes busted which is right next to my office and soaked the carpet about a week after we moved in.  Plus the window in my office used to leak, it is now fixed.  My lease also states that we take the property "AS IS"  There is extensive mold damage, are we responsible? Or do I go to my landlord?  We are located in New York State (not NYC)

Answer
Rachael:

Mold is a relatively recent (last 15 years) and major area of Landlord & Tenant law and is usually a very contentious and complex dispute when your lease text does not specifically address how mold issues will be handled and attributed.

See an attorney in your New York area that specializes in lease mold matters to find out where you stand on this dispute.

Good luck.

- Jim