Can you withhold rent until a serious black mold issue has been resolved?

Answer 1

Yes, but you need to open an escrow account and put the rent money in the account while the repairs are being made. Also, send a letter to the landlord, certified mail, listing the repairs and explaining the escrow account.

That's the "Cliff's Notes" version.

Look in the phone book for Legal Aid, or call your county bar association. Don't rely on info you get online

Answer 2

The usual procedure is that if the landlord doesn't correct the problem themselves the tenant can correct the problem then offset the rent for the amount spent. But there is a strict process by which this happens: a warning must be given to the landlord at least seven days BEFORE the next rent is due.

Answer 3

You can withhold rent assuming you've followed your municipalities procedures for a rent-abatement. This typically includes providing your landlord notice of defects, providing them a reasonable time to take corrective action, and then you may proceed to place your rent into an escrow account that is provided by your local housing court.

You cannot just "withhold" or fail to pay rent because of health or safety conditions. You must follow the proper procedures for this or else you may incur civil penalties and can be evicted for non-payment. Your first step should be to contact the health department in your area and report the mold or to contact the landlord if you haven't already.

Next, contact your local municipal court (this typically contains the housing court) and inquire as to rent-escrow steps. Once you've began the escrow steps, you usually have a few options if the landlord does not correct the situation.

You can request that the court, drop your rent, and you may pay for the corrective action. You can request that you be allowed to quit your lease penalty free (which means your security deposit must be returned in full + any interest that may have accumulated on the deposit if your jurisdiction requires that), + some jurisdictions allow for automatic double damages related to mold or serious health code violations that essentially evict the tenant, through no fault of their own.