Landlord Question and Answer Forum

There is a leak in the roof dripping down the fireplace. My tenants have alerted me about this problem multiple times but I have been busy and gave them a number for a maintenance man to check it out. However my tenants say that the maintenance man has not returned calls and has flaked on an appointment. My tenants are now threatening to with hold rent due to the mold on the fireplace until it is fixed. In Oregon are they allowed to do that? Thank you!

Check with landlord right in oregon but I would say they can , now how much is another story , but it should of been repaired, now they can stand on this not to pay the rent, they could also say they are getting sick and missing work. Fix it!

Posted by Donald G, MA on Tuesday, August 3, 2010

You've admitted to being aware of the problem and having left it going on long enough that they're finally frustrated. Water leaks more than 72 hours on drywall almost result in mold growth. Some states say the landlord doesn't have to effect repairs where the tenant is in violation but the question that comes up is who first violated the rental agreement. I have seen some wet drywall that wasn't moldy and some that was barely wet that was covered. Best bet, address the problem. They don't want to move. Their frustration is legally against the management office, not the maintenance man. If they have not had success with him it's still your fault. Because you were too busy to call him.

Posted by Paul F, CA on Wednesday, September 7, 2011