Renters have heard about the dangers of mold in apartments and homes. In all but the driest climates, a little mold is inevitable, but when you fail to remove toxic mold immediately, it can become a health hazard.
However, the responsibilities of preventing and eradicating mold can often cause confusion and sometimes disputes. Is the landlord solely responsible for mold issues in a rental property?
The answer: It depends. While mold exposure in rentals is a joint issue of tenant-landlord responsibility, the landlord may hold the tenant liable for mold problems if the tenant fails to take preventive measures and maintain the property responsibly.
Read on to find out what responsibilities you and your tenant bear and how to deal with mold problems caused by your tenant.
Mold Damage and Health Risks
Mold can cause a range of health issues, particularly for those with allergies, asthma, or weakened immune systems. Some of the common health risks associated with mold exposure include:
- Allergic Reactions: Mold spores can trigger allergic reactions such as sneezing, runny or stuffy nose, itchy eyes, and skin rashes.
- Respiratory Problems: Inhalation of mold spores can lead to respiratory issues like coughing, wheezing, and shortness of breath. This is especially concerning for individuals with asthma or other chronic respiratory conditions.
- Mycotoxin Exposure: Certain types of mold produce mycotoxins, which are toxic compounds that can contribute to more severe health problems, including headaches, dizziness, and nausea.
- Sinus and Lung Infections: In some cases, mold exposure can lead to sinus infections or more serious lung infections, particularly in those with compromised immune systems.
Who Is Liable for Mold?
You and your tenant share joint responsibility in maintaining the rental property, preventing mold growth, and creating conditions that lessen the likelihood of mold.
Discuss about including a mold clause in your lease agreement with your tenant. This clause should outline both parties’ responsibilities regarding mold prevention (e.g., the landlord should provide and maintain proper ventilation systems; the tenant should keep the property clean and free of clutter).
In addition, the clause should also address possible remediation procedures (e.g. relocation expenses; remediation costs) in case the presence of mold is found.
You and the tenant should communicate openly about potential mold issues. Both parties should carefully document events once they suspect mold within a rental unit. These can include:
- A thoroughly recorded timeline;
- Copies of maintenance requests;
- Completed work orders;
- Correspondence, including emails and phone calls.
Should it come down to disputing a case in court, these documents can be provided as evidence.
Mold Clause
Make sure the mold clause in your lease agreement abides by state and local laws and regulations. If the clause contradicts the laws, a court may find your rental contract invalid and, therefore, not enforceable.
Landlord’s Responsibilities
As the landlord, you play a crucial role in mold prevention and remediation, and preventive measures start before the lease.
#1: Prior Inspection
Before leasing to the tenant, the landlord should conduct a thorough cleanup and appropriate inspections of the rental property, including a mold inspection.
A detailed inspection should cover areas prone to moisture accumulation. Key areas where mold grows unnoticed may include:
- Wall paneling;
- Fabric;
- Ceiling tiles;
- Sheetrock;
- Flooring;
- Cardboard boxes;
- Bathrooms.
A well-informed and experienced landlord might suffice for basic inspections and minor issues. However, the CDC recommends consulting professional remediators if you have concerns about mold levels in your home. They will perform an air quality test to determine the level of mold spores in your home and advise you of the nature of the infestation.
If you discover mold during the inspection, you must immediately remediate the issue.
#2: Proper Disclosure
There are no federal laws regarding mold disclosure. However, a few states have requirements for disclosing mold presence in a home, including California and Colorado. Some cities, such as San Francisco and New York, have different regulations.
Even though no state requires landlords to remediate mold or set exposure limits on mold levels in residential buildings, it is best that you propose a plan and timeline to remediate the issue (if possible) to your tenant during the disclosure.
#3: Prompt Response to Requests
As a landlord, you must promptly respond to maintenance and repair requests made by tenants. Such requests also include cleaning air conditioning and clothes dryer ducts.
In nearly all states, a landlord typically has 30 days from the date of the written request to fix the damage before tenants may repair the damage themselves and deduct the cost from their rent.
If a landlord fails to address the tenant’s repair request in a timely manner, liability for resulting mold growth falls on the landlord. A legal issue may arise between landlord and tenant.
#4: Knowledge of Local Laws and Regulations
Local laws and regulations, including state and city codes, sometimes dictate mold cleanup and remediation.
It is always best to check with your local laws to see who is responsible for mold and what the landlord’s and tenant’s rights are.
Tenant’s Responsibilities
Apart from your efforts as a landlord, your tenant should also diligently follow preventive measures daily. After all, they are the ones living on the premises.
#1: Property Maintenance
Your tenant must make a reasonable effort to maintain the property. This can include actions such as:
- Properly venting clothes dryers outside the rental property;
- Requesting regular cleaning of air conditioning and clothes dryer ducts;
- Using exhaust fans during showers, running dishwashers, and while cooking;
- Cleaning up water spills immediately;
- Reporting water leaks to the landlord/management immediately.
#2: Routine Inspection
The tenant should perform regular mold inspections to maintain a healthy living environment. These inspections should be carried out at least once annually, with increased frequency in cases where the property is located in an area of high humidity or has experienced any plumbing leaks.
Tenants should pay extra attention to areas where moisture can accumulate on a daily basis. During routine cleaning and free time, tenants should perform regular checks to ensure these areas remain dry and well-ventilated to prevent mold growth.
#3: Prompt Reports
If the tenant is suspicious of mold problems or experiences health problems likely caused by mold, they should notify their landlord in writing immediately. If your tenant fails to inform you of potential mold problems, you could hold the tenant legally responsible.
If you require your tenant to carry renters’ insurance, they should inform their insurance agent about any mold problem as soon as possible and let you know they have done so. Renters’ insurance sometimes covers consultation with a mold specialist and mold removal.
State Laws on Mold in Rental Properties
Below is a list of specific states and their regulations regarding mold disclosure and remediation responsibilities between landlords and tenants.
California
Law: Cal. Health & Safety Code §§ 26147, 26148.
Disclosure Requirements: Landlords are required to provide written disclosure prior to signing a rental agreement if they are aware or have reason to believe that mold exceeds permissible exposure limits or poses a health threat.
Landlord Obligations: Landlords must distribute a consumer handbook developed by the State Department of Health Services, which describes the potential health risks associated with mold.
Tenant Obligations: Not specifically mentioned.
District of Columbia
Law: D.C. Code Ann. § 42-3502.22 (b)(1)(K).
Disclosure Requirements: Upon receiving a rental application, landlords must provide information on a disclosure form published by the Rent Administrator about the presence of mold in the rental unit or common areas in the previous three years, unless the mold has been remediated by a certified and licensed indoor mold remediation professional.
Landlord Obligations: Provide the aforementioned disclosure form along with supporting documents regarding mold presence and remediation efforts.
Tenant Obligations: Not specifically mentioned.
Montana
Law: Mont. Code Ann. § 70-16-703.
Disclosure Requirements: Before signing a lease, landlords with knowledge of mold presence must disclose its presence. If the building has been tested for mold, landlords must inform the tenant that testing has occurred and provide a copy of the results (if available), along with any evidence of subsequent treatment.
Landlord Obligations: Landlords can avoid liability for damages resulting from mold by complying with these disclosure rules, providing tenants with a mold disclosure statement in the prescribed form, and obtaining the tenants’ written acknowledgment of receipt of the statement.
Tenant Obligations: Tenants must provide a written acknowledgment of receiving the mold disclosure statement.
Virginia
Law: Va. Code Ann. §§ 55.1-1214, 55.1-1215.
Disclosure Requirements: Within five days of move-in, a written report detailing the condition of the premises, including the known presence of mold, must be prepared by the landlord, tenant, or both.
Landlord Obligations: If visible evidence of mold is present, the landlord must remediate the mold condition within five business days if the tenant decides to stay. After remediation, a new report indicating no evidence of mold must be issued.
Tenant Obligations: The tenant must participate in preparing the condition report and object to any visible evidence of mold within five days if such evidence exists.
Washington
Law: Wash. Rev. Code Ann. § 59.18.060 (13).
Disclosure Requirements: At the time the lease is signed, landlords must provide tenants with information approved by the department of health about the health hazards associated with exposure to indoor mold.
Landlord Obligations: Provide the health hazards information regarding indoor mold exposure to tenants.
Tenant Obligations: Not specifically mentioned.
Note: The absence of a state from this list does not imply that mold is unregulated in that jurisdiction. Many states, including Colorado, have laws pertaining to the implied warranty of habitability, where mold is considered a significant concern that can affect a property’s habitability. In such states, landlords are required to address and rectify mold-related problems within a specified timeframe to ensure the property remains habitable for tenants.
If your state is not included in the table, it is crucial to consult your state’s landlord-tenant laws regarding utilities repair, habitability, and other related regulations for a more comprehensive understanding.
Determining Liability: Identify Mold Cause
If mold presence is found in the leased property, you and your tenant should work together to identify its cause. Understanding the source of mold not only aids in resolving current issues but also helps prevent future occurrences.
Here’s how to systematically identify the cause of mold:
- Assess Moisture Sources: Identify potential sources of moisture that could contribute to mold. This includes leaks from roofs or plumbing, condensation on windows, high humidity, or lack of ventilation.
- Review Maintenance Records: Check maintenance records and repair logs to see if previous water-related issues have been properly addressed. These documents can provide insights into the recurring problems that may lead to mold.
- Consult with Experts: If the mold source is not immediately apparent, consider hiring a professional mold inspector or a building expert to conduct a more comprehensive evaluation.
Tenant Relocation Due to Mold
When removing mold, temporary tenant relocation may be necessary. If you relocate your tenant to a hotel during this time, the tenant is still obligated to continue paying their rent, but the landlord typically picks up the tab for the hotel.
Where Is Mold Found Typically?
Mold thrives in damp, dark, and poorly ventilated areas. Here are some common places where mold is often found:
- Bathrooms: Due to high humidity and frequent moisture, bathrooms are common places for mold growth, especially around sinks, tubs, and showers.
- Kitchens: Kitchens can also be prone to mold, particularly around sinks, dishwashers, and refrigerators that may have leaks.
- Basements and Crawl Spaces: These areas often have higher humidity levels and poor ventilation, making them ideal for mold growth. Look for mold on walls, floors, and insulation.
- Attics: Attics can be susceptible to mold if they are not properly ventilated or if there are leaks from the roof.
- Behind Walls and Under Carpets: Mold can grow in hidden areas like behind drywall or underneath carpets if there has been water damage or high humidity.
Signs of Mold Presence
- Visible Mold Growth: This can appear as discolored patches (black, green, or white) on walls, ceilings, or floors.
-
Musty Odor: A persistent musty smell often indicates mold growth, even if it’s not visible.
Water Stains: Discoloration or stains on walls and ceilings can be a sign of moisture problems that may lead to mold. - Peeling Paint or Wallpaper: Mold can cause paint or wallpaper to peel away from the surface.
- Allergic Reactions: Unexplained symptoms like sneezing or coughing in specific areas of the home may indicate the presence of mold.
Regular inspections and addressing any water damage promptly can help prevent and manage mold issues.
What to Do If Your Tenant Is Liable
Generally speaking, renters have legal rights when finding mold in their apartments, and landlords and property owners can be held liable for any harm.
However, if there’s a reason to believe the tenant’s actions or negligence is the sole cause of mold, you should take necessary measures to address the situation effectively and legally.
Step 1: Collect Evidence
If the issue eventually ends in court, you need concrete evidence to prove the tenant is in the wrong. Evidence you can collect regarding mold problems may include:
- Photographs: Take date-stamped photos of the mold and any related damages. Include pictures of any conditions that may have contributed to the mold problem, such as blocked vents or windows covered with condensation.
- Maintenance Requests and Communications: Compile all written communications with the tenant regarding the mold issue, including emails, texts, and maintenance requests. This documentation can show whether the tenant reported the problem in a timely manner or followed through with recommended actions.
- Witness Statements: If maintenance staff, neighbors, or other tenants have observed relevant behavior by the tenant that could result in mold, their written statements could serve as additional evidence.
- Expert Assessments: A professional mold assessment report can provide an objective analysis of the mold’s cause. If the report links the mold growth to tenant behavior, it can be a powerful piece of evidence.
Step 2: Communicate Clearly
Next, notify the tenant in writing about the mold issue and your findings regarding their liability.
Clearly outline what is expected from the tenant. This may include covering the cost of remediation, improving ventilation habits, or making lifestyle changes to prevent future mold issues.
Give the tenant a reasonable deadline to address the issue or respond to your notice. This timeframe should comply with local laws regarding repair notices (if any).
Step 3: Legal Actions
If the tenant fails to cooperate or address the issue within the given timeframe, send a formal warning letter reiterating their liability and the potential consequences.
In case negligence continues, you may want to consider the following actions:
- Eviction. If you have concrete evidence proving the tenant’s actions or negligence was the cause of mold growth, it may constitute a lease violation. Depending on your lease agreement and local laws, this may be grounds for eviction.
- Court proceedings. With clear evidence, you may consider initiating a civil suit to claim compensatory damages. If you end up paying for the mold remediation, you may have the right to recover these costs from the tenant.
Before taking any steps, especially those involving potential eviction or financial recovery, consult a legal professional familiar with landlord-tenant laws in your area.
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Step 4: Follow-Up
After remediation, conduct a follow-up inspection to ensure the mold issue was successfully resolved and that the property is in good condition.
In addition to the follow-up inspection, you should schedule regular property inspections to catch and address any potential mold problems early. Inform the tenant about these inspections and their importance in preventing mold.
Conclusion
Landlords and tenants who find evidence of mold in a rental home should immediately seek a specialist. They should then refer to their lease agreement and work together to rectify the problem that caused the mold.
The rights of tenants in mold remediation cases can be unclear, and tenants should consult legal professionals before proceeding.
