Mold In Rentals
Renters should be concerned about mold because it is an environmental danger. Tenants across the country have won multimillion-dollar lawsuits against landlords. They claim that they suffered severe health issues such as chronic fatigue, nausea, and cognitive loss.
Learn what to look out for in a rental unit if you suspect mold and how your landlord may be responsible. You can also take steps to prevent mold from becoming a problem or clean up mold before it is too late.
Where It Is Found
Mold can come in many colors and shapes. Stachybotrys, Aspergillus, and paecilomyces are some of the villains. They can be described by names such as Stachybotrys or fusarium. Some molds are shiny, while others are powdery. Some molds are disgusting and can be seen under floors, ceilings, walls, and attics.
Mold can grow on water-soaked materials such as paint, fabric ceiling tiles, wall panels, wallpaper, fabric, ceiling tiles, and newspapers. Humidity is a prime environment for mold growth. Homes in the Southern U.S., California, and Texas have had more problems with mold than those in dry climates. Mold can thrive in any environment.
Mold and Your Health
Mold is also one of the most controversial environmental hazards. The scientific and medical communities are divided on which molds pose serious health hazards to those living in their homes. Tenants who have been exposed to mold spores for years are not disputing the facts.
However, most mold is harmless to your health. For example, mold found on shower tiles isn't dangerous. An expert is required to determine if a specific mold is difficult or simply annoying. It can be challenging to determine if a person has inhaled mold or eaten it. The only way to be sure if mold is in the body is by using new tests that detect the presence of the DNA of the specific mold in blood samples.
Landlord Legal Responsibilities In Tenant Exposure To Mold
Except for a few cases, the responsibilities of landlords regarding mold are not clearly defined in building codes, ordinances, or statutes. (However, landlords can still be held responsible for mold-related problems, even if there are no specific mold laws.
There is no federal law that sets mold exposure limits or building tolerance guidelines for residential buildings. Only a few states, including California, Indiana and Maryland, New Jersey and Texas, have established mold standards.
Information about mold regulations and rules in your state can be found at your state office of environmental protection, or your department of public health.
You can search the Environmental Health State Bill Tracking Database of the National Conference of State Legislatures to see if your state considers mold legislation that could affect residential rentals. You can check the "Indoor Air Quality - Mold" box under the "Topics” column and then select your state.
Contact your mayor's office, city manager, or any other local government agency for information about mold regulations in your area. Mold and the Landlord's Responsibility to Maintain Habitable Premises
Your landlord may still be responsible for mold problems in your rental property, even if there are no specific mold laws in your area. This is because landlords have the responsibility to provide safe, livable housing. You might have the option to request rent withholding from your landlord if he fails to remedy a severe mold problem. Or, you may be able to file a lawsuit to address mold-related issues.
Mold Caused By A Landlord's Failure To Fix Leaks
All states except Arkansas have landlords responsible for maintaining habitable and safe housing and fixing rental properties. This includes fixing leaky pipes, windows, and roofs, which are the leading causes of mold growth. If your landlord fails to fix the leaks or mold growth, you may be able to hold them responsible if you convince a judge/jury that it has caused a problem.
Tenant Behavior Can Lead To Mold
Mold growth can change the liability picture. This is because mold can be caused by your actions, such as not keeping your apartment closed, making it humid, or not maintaining the necessary cleanliness. Tenants are responsible for maintaining their rental units. The landlord is not responsible if a tenant's negligence is the only cause of injury. Good housekeeping is essential to avoid mold growth.
Leases Include Mold Clauses
Some landlords include clauses to their lease which purport to release them from any mold growth-related liability. One Tennessee court has rejected to enforce such clauses, ruling it against public policy. As mold litigation moves through the courts, more cases will be filed from other parts. Some states require landlords to disclose information regarding mold to tenants.
Smart landlords will work to avoid mold growth. However, tenants should also be involved in this endeavor. This requires the landlord to maintain the property's structural integrity (the roof, plumbing, and windows). Help prevent mold growth in your home and report any problems to the landlord immediately.
