Aron, Roosevelt Estate, 3200 South Theodore Avenue, Sioux Falls, SD 57106

Hello,

I reported the mold issue to the landloard on 26th January, 2018 and expressed my intention to move out as soon as possible. The landlord dispatched a man to simple brushed the molds to make them temporarily invisible. However, the landlord did nothing to resolve the cause of the molds. The molds reappeared within just a week. Then we received a strict letter to tell us to be responsible for the 60 days, which is a term in the leasing agreement we signed.  We were forced to pay rent for an apartment with molds for another 60 days and had to stay in an apartment with molds for another 2 months. During these 60 days, both my daughter and I felt depressed and suffered from itchy eyes, and my daughter frequently has headache and diarrhea. We never had these symptoms before and I am sure all these are linked to molds since we have been exposed to molds for more than 2 months.

Does the landlord have the right to force tenants to live in his rental property when it is no longer suitable for them to live? I cannot understand why the landlord insisted that we must be responsible for 60 days when he had already known the mold issue. We are tenants, not prisoners. Even if we were prisoners, we would still be entitled to living in a prison that wouldn’t harm our health. The relationship between landlord and tenant is like the relationship between seller and buyer. , which the buyer pays money for good quality product. If buyer receives a defective item, he has the right to ask for a refund. In the same way, we pay rent for an apartment that won’t harm our health. An apartment with molds is like a defective product, therefore,  the landlord has no right to force us to be responsible for the 60 days and to force us to pay rent for an apartment with molds. I understand the landlord wants to make as many profits as possible. However,  the money he earns shouldn’t be at the price of tenants’ health.

We would appreciate if this website could help us.

Thank you.

Shally