Sample Demand Letter: Notice to Cure Habitability Defects

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A formal legal template to demand mold remediation. Copy, paste, and send via Certified Mail to establish your paper trail.

1. Fill in the Blanks

Replace the yellow highlighted text [LIKE THIS] with your specific details.

2. Send via Certified Mail

Do not just email it. Go to the Post Office and request “Certified Mail with Return Receipt” (Green Card).

The Template

Select the text below to copy.

Date: [CURRENT DATE]

To (Landlord/Property Manager):
[LANDLORD NAME]
[LANDLORD ADDRESS]

From (Tenant):
[YOUR NAME]
[YOUR RENTAL ADDRESS]


RE: NOTICE OF BREACH OF WARRANTY OF HABITABILITY – DEMAND FOR REPAIRS

Dear [LANDLORD NAME],

This letter serves as formal notice that the implied Warranty of Habitability for the property located at [YOUR ADDRESS] has been breached due to the presence of visible mold growth and uncontrolled moisture.

On [DATE YOU FIRST NOTICED IT], I notified you of [DESCRIBE THE ISSUE: e.g., a leak in the bathroom ceiling / black mold on the bedroom wall]. As of today, this condition has not been remedied.

The presence of this mold is creating an uninhabitable living environment and posing a health risk to the occupants, specifically causing [LIST SYMPTOMS: e.g., respiratory distress / allergies].

I am requesting that you take the following actions within [7 / 14 / 30 depending on state law] days:

  1. Hire a certified professional to identify and repair the source of the moisture.
  2. Remediate the mold growth according to industry standards (IICRC S520).
  3. Provide proof of safe air quality clearance upon completion.

If these repairs are not completed by [DEADLINE DATE], I reserve the right to exercise all legal remedies available to me under state law, which may include:

  • Withholding rent into an escrow account.
  • “Repair and Deduct” (hiring a contractor myself and deducting the cost from rent).
  • Terminating the lease early due to Constructive Eviction without penalty.
  • Seeking damages for health costs and property loss.

Please contact me immediately to confirm receipt of this letter and to schedule the repairs.

Sincerely,


_________________________
[YOUR SIGNATURE]

Why “Certified Mail” Matters

In a courtroom, a landlord can easily claim: “I never got that email, it must have gone to spam.”

They cannot deny a USPS Return Receipt (Green Card). It requires a physical signature upon delivery. This receipt is your “Golden Ticket” in court because it starts the official legal timer for repairs.

Are You Sure It’s Toxic?

Before sending legal threats, ensure you have your facts straight. Check the common symptoms and risk factors for your specific building type.

Check My Risk Profile
Legal Disclaimer: This template is for informational purposes only and does not constitute legal advice. Landlord-tenant laws vary significantly by state. You should verify the specific “days to cure” (deadline) for your state statutes before sending.