Mold in the apartment: when you can not pay rent

If the apartment is covered with mold, the tenant in certain cases has the right to leave the apartment without paying rent. But before this, it is necessary to notify the landlord.

According to Articles 1578 and 1581 of the Italian Civil Code, the tenant has the right to terminate the lease without notice and without penalties if the apartment becomes uninhabitable due to mold and poses a health hazard .

When can you refuse to pay rent?

Mold can only be grounds for not paying rent if it makes the property completely uninhabitable , forcing the tenant to leave.

If the mold affects only part of the apartment (for example, one room), the tenant can demand a reduction in rent , proportional to the loss of the ability to use part of the property.

Why Mold Is a Serious Problem

According to Trieste Court Decision No. 162/2019, even a minor presence of mold reduces the quality of life in the apartment, worsens the sanitary condition of the premises and spoils its appearance. This is considered a significant defect , which gives the right to reduce the rent .

If the mould significantly impairs the living conditions and violates the contract, the tenant may seek termination of the contract or a reduction in rent , provided that he did not know and could not have known of the existence of such defects at the time the contract was entered into.

In addition, the landlord may be liable for damages caused by defects in the property unless he can prove that he was unaware of them when he handed over the apartment .

A medical certificate confirming harm to health from mold can serve as additional evidence , even if it is not formally included in the list of required documents.

An agreement between the parties is required.

The mere presence of mold is not enough for a tenant to refuse to pay rent on their own . A reduction or suspension of payments must be agreed upon with the landlord or ordered by a court.

Judicial practice does not always recognize the tenant's right to unilaterally refuse to pay . In particular, the Supreme Court of Italy (Resolution No. 18987 of September 27, 2016) ruled that the tenant is obliged to pay rent if the premises can still be used , even partially.

Landlord's Responsibilities

The landlord is obliged to provide housing in good condition , up to code and suitable for habitation. Therefore, it is the landlord's responsibility to eliminate mold and related problems.

The tenant, for his part, is obliged to carry out routine maintenance of the property and comply with the terms of the agreement.

If the tenant is at fault

If the mold is the result of the tenant's misbehavior , such as poor ventilation or failure to comply with the rules of use, the tenant is responsible for the consequences. In such a situation , failure to pay rent will be considered a violation , and the tenant may be considered a defaulter .

If the cause of the mold is not the tenant's fault - for example, due to leaks from above or poor waterproofing - the owner of the property is responsible for eliminating the problem.

What to do if there is mold in a rented apartment

The tenant's tactics depend on the severity of the problem . Here are the possible actions:

• Demand a reduction in rent by negotiating with the landlord or going to court.

• Demand compensation for damages if the landlord did not take timely measures.

• Terminate the contract without prior notice if the apartment is deemed unfit for habitation and dangerous to health (based on Articles 1578 and 1581 of the Civil Code).

• If the mold is caused by problems in common areas of the building , you can file a claim with the management company or condominium .

What to do if mold appears

The main rule: the tenant must not act unilaterally . You cannot simply stop paying rent without the consent of the owner or a court order.

The exception is severe cases of complete unsuitability of housing . In other cases, the tenant risks being found to be in the wrong, even if he suffers from mold.