Tenant Landlord Issues Involving Mold
Too much indoor moisture can lead to mold and contribute to discomfort and aggravate respiratory conditions such as asthma. For renters, it can be unclear how to get mold and moisture problems fixed. You should always give your landlord the opportunity to correct building defects and should immediately notify them when you notice moisture problems. Alternatively, as a tenant, you have the responsibility to immediately repair moisture problems for which you are responsible.
I Think I Have Mold Growing In My House/apartment Will The Austin Code Department Address The Mold
Austin Code Department does not conduct mold inspection or testing. We may address the contributing factors that fall under minimum standards. Mold is often a sign of other code violations.
Mold could be the result of:
- Improper home weatherization like unsealed windows or door frames.
- Water leaks from air conditioner units, sink pipes, or roofs.
- Ventilation problems that lead to trapped moisture.
Fixing the contributing factors
If you live in a rental property and have issues that contribute to mold, Austin Code may be able to assist. Rental properties include apartments, duplexes, townhomes, or houses.
If your property representative has not fixed the issue, you can call 3-1-1 or submit a report online. A code inspector will check for code violations. If there is a code violation, the landlord will receive a Notice of Violation. The landlord will have a reasonable amount of time to fix a problem after receiving the request.
Mold prevention
Minor mold issues can be prevented by following the guidelines below.
Visit the CDC website to learn more about mold.
Talk to a Code inspector
Tenant resources
If you have issues with your landlord, Austin Tenants Council may be able to help. Their renters program provides counseling, helps with tenant-landlord issues and, dispute mediation. For more information, call 512-474-1961.
Read the Landlord and Tenants Guide for renters produced by Texas A& M University.
Mold inspections and removals
State requirements and licenses
Reasons To Report A Landlord
There are certain health and safety issues which could cause a tenant to file a complaint with the health department. These include:
- Pests: A tenant may report a landlord if their apartment or rental property has shown signs of a mouse, rat, roach, bed bug, or other pest infestation.
- Mold: Mold in the living space is dangerous as it can cause breathing problems or more severe reactions.
- Lead: Lead paint is common in homes built before 1978. Lead hazards, such as chipping paint, can pose health risks, especially to young children.
- Lack of Running Water, Electricity, or Heat: Tenants need to have access to certain vital services in their apartments. Tenants can report landlords if there is no running water in their apartment, if they do not have heat in the winter or if the landlord is responsible for paying the utility bills and there is no electricity at the property.
- Plumbing Fixtures: Tenants have the right to have working plumbing in their apartment.
- Waste Removal: Tenants can report a landlord if garbage and other waste is not being removed from the property.
- Structural Issues: If a roof leak is causing a ceiling to collapse or if the tenant has concerns about other structural issues at the property, the tenant can contact the health department.
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Landlord Legal Responsibilities For Tenant Exposure To Mold
With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations.
No federal law sets permissible exposure limits or building tolerance standards for mold in residential buildings, and only a few states , and a few cities , have taken steps toward establishing permissible mold standards or guidelines and regulations for mold in indoor air.
For information on mold rules and regulations in your state, check with your state department of environmental protection or your state department of public health.
To see whether your state is considering mold-related legislation that might affect residential rentals, you can search the National Conference of State Legislatures’ Environmental Health State Bill Tracking Database. Check the “Indoor Air QualityMold” box in the “Topics” column, and check the box next to your state.
For local mold-related rules, contact your city manager, mayor’s office or other local government department.
Mold Caused By A Landlord’s Failure To Fix Leaks
Landlords in all states but Arkansas are responsible for maintaining fit and habitable housing and repairing rental property, and this extends to fixing leaking pipes, windows, and roofsthe causes of most mold. If the landlord doesn’t take care of leaks and mold grows as a result, you might be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem.
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Reporting Black Mold In Your Workplace
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Is Mold Really A Big Deal
The answer depends, but it can definitely turn into a huge deal for the building and your health. Even regular, run-of-the-mill mold can make you miserable and should be dealt with immediately. However, mold that is left untreated can develop into black mold, which is toxic to humans and can make you extremely ill.
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Does A Landlord Have To Remove Mold From A Rental Property In Texas
The law says that landlords in Texas have a duty to remove conditions that materially affect the physical health or safety of an ordinary tenant if all of the following are true:
- The condition was not caused by the tenant , the tenants family, or the tenant’s guests and
- The landlord has proper written notice of the condition and
- The tenant is not delinquent in rent at the time of giving the landlord notice to repair or remedy.
Read the law here: Tex. Prop. Code § 92.056.
Links To More Information About Mold
The information and advice from this fact sheet was collected from the following agencies contact them for more information or assistance:
- The New York City Department of Health can provide information about the health effects of mold exposure and information about the safe removal of mold.
- New York City Department of Health, Office of Environmental Investigations at 4423372 or the Environmental and Occupational Disease Epidemiology Unit at 7884290.
- There is information about mold, how to remove it, and how to deal with some of the health effects the NYC Dept of Health website: Facts About Mold Guidelines on Assessment and Mold in the Home.
- The Centers for Disease Control and Preventions National Center for Environmental Health has information on its website about mold and clean up procedures as well as links to information about mold and asthma and other environmental issues.
- The National Institutes of Healths Medline provides web access to articles on various types of health issues related to mold.
- Use libraries and the internet to search for magazine and newspaper articles on mold, its health effects and what tenants are doing around the country to combat the problem.
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Gather Evidence And Report It
If you have mold in your apartment, you’ll be able to either see it or smell it. It doesn’t know how to hide. Find where the mold is and take photos. You’ll want the evidence to show to your landlord.
Contact your landlord immediately after you locate the mold. First, call them to explain the issue. Most states require landlords to remove mold at their own expense as soon as they’re notified. Once you have a conversation about the problem, send the photos you took, so you can figure out a plan to rid your apartment of the mold.
If your landlord fails to act promptly and you happen to experience health issues as a result of the mold, you have a case to seek damages against your landlord. Be sure to keep all records of any health problems and communication with your landlord. This will help support your case, should you need to file a lawsuit.
Indoor Mold After A Weather Event
Many South Carolina residents are concerned about indoor mold as a result of severe weather disasters. As part of our commitment to assist those who have been affected, DHEC has compiled the following information to guide decisions regarding mold in homes and workplaces.
If youre experiencing any issues with flooding, below is an important resource number to be aware of.
- Mold Hotline: for general information.
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Landlord Liability For Mold In Indiana
There is currently no federal law covering a landlords responsibilities when it comes to mold. Also, although Indiana has enacted laws to regulate mold in schools and state agencies, the state has not yet specifically addressed a landlords duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, after tenants at an Indianapolis apartment complex discovered a widespread mold problem in their building, a tenant reported it to county health officials. In addition to being present in apartments, the mold affected common areas including stairwells and the laundry room, according to a press report. County inspectors visited the complex several times and issued orders for the landlord to address the problems through mold remediation as well as plumbing and other building repairs. In the meantime, the tenants reportedly stopped paying rent until the mold issue was resolved.
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Landlord Liability & Responsibility
Before leasing out to the tenant, the landlord should have conducted appropriate inspections and cleaning of the property. If a tenant reports mold to a landlord, the landlord is obligated to eradicate the problem.
However, prevention is preferred to a costly mold clean-up. Maintenance and repair requests made by tenants should be promptly responded to. Such requests also include cleaning air conditioning and clothes dryer ducts.
If such requests are grossly delayed in resolving or are ignored altogether, liability for resulting mold growth falls on the landlord.
As a landlord, make sure you delineate in the lease agreement if it is your tenants responsibility for mold maintenance, before considering issuing an eviction notice to them for a moldy buildup on the property.
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What You Can Do To Prevent Mold From Growing
Your first, and best, defense against mold is finding an apartment building that is well kept when youre looking at apartments for rent. If you see signs of the building breaking down, looking dingy, or can see that it clearly isnt well kept, you can bet that the landlord might not be on top of issues like a new mold infestation. A responsible landlord will make sure that appliances, pipes, tubs, and other areas that perpetually see water use are well sealed, and possibly pre-treated. There are also things that you can do to prevent the growth of mold in your current apartment. Dont leave standing water anywhere: whether its water around the kitchen sink or something that has spilled in your bedroom. Dry out any moisture you see as soon as possible.
Even if youre not totally certain that you have a mold issue, call your landlord at the first sign of the apartment mold symptoms listed above. With so many apartments for rent out there, it could be time to make your move to one that’s mold-free. If you need a little help finding your dream apartment, ApartmentSearch can help!
What If Mold Keeps Coming Back In The Same Areas After It Is Cleaned Up
Mold grows in areas that are kept wet or moist, so simply cleaning up mold is insufficient if there continues to be a water leak, water build-up , moisture build-up, or standing water . If mold regrows in an area where it has already been cleaned, that is an indication that the source of the problem has not been addressed.
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Need To Schedule A Mold Inspection
If you need to schedule a mold inspection to prove the presence of mold in your rental, GP Inspect is here to help.
We have been offering comprehensive mold inspections and indoor air quality testing services in Southern California for over 22 years. Our team of experts will provide you with a thorough inspection and a detailed report of their findings. We can also provide you with proper mold removal and remediation recommendations that strictly follow industry standards of practice to help you get your apartment back to normal.
If you would like to schedule a mold inspection or have any questions, contact us online or give us a call at .
My Landlord Just Stopped Paying Their Utility Bills What Can I Do
Your agreement was that the landlord would pay for utilities such as lights, electric heat, fuel or water. Then they stopped paying. You can legally put the account in your name, pay the bill, and then deduct the cost from your rent.
If this doesnt work to make you even, you can sue your landlord for your actual damages . The court can also order the landlord to pay your court costs and lawyers fees.
Read more about how your town may be willing to help you with heat and utilities.
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Request A Mold Inspection
If your landlord refuses to take action after you have notified them of the mold problem, you may want to request a mold inspection. In many cases, landlords will not act until a formal inspection has confirmed the presence of mold.
A trained inspector will be able to find any existing or potential sources of moisture in your building that could lead to mold growth. They will also be able to determine the extent of the problem and recommend remediation.
Once the mold inspector has completed the assessment, they will provide you with a detailed report of their findings. This may help you and your landlord determine a long-term solution to the problem.
Do I Have To Have The Property Inspected For The Mold Removal To Be Covered By The Landlord
Not always. Mold removal can be covered without an inspection where:
- Your landlord agreed to the mold removal or
- Without an agreement, a court finds that the mold condition materially affects the physical health or safety of an ordinary tenant and lets you:
- end your lease, or
- get a court order requiring mold removal.
If, however, you want to use the repair and deduct remedy, you must have the appropriate local housing, building, or health official provide the landlord with written notice that the mold condition materially affects the health or safety of an ordinary tenant. This official might be a city health inspector, for example.
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What Can You Do
To prevent and get rid of mold:
- Keep your house clean and dry.
- Fix water problems such as roof leaks, wet basements, and leaking pipes or faucets.
- Make sure your home is well ventilated and always use ventilation fans in bathrooms and kitchens.
- If possible, keep humidity in your house below 50% by using an air conditioner or dehumidifier.
- Avoid using carpeting in areas of the home that may become wet, such as kitchens, bathrooms and basements.
- Dry floor mats regularly.
To find mold that might be growing in your home:
- Search for moisture in areas that have a damp or moldy smell, especially in basements, kitchens and bathrooms.
- Look for water stains or colored, fuzzy growth on and around ceilings, walls, floors, windowsills and pipes.
- If you smell a musty odor, search behind and underneath materials such as carpeting, furniture or stored items.
- Inspect kitchens, bathrooms and basements for standing water, water stains and patches of out-of-place color.
To control moisture problems and mold:
- Fix any water problems immediately and clean or remove wet materials, furnishings or mold.
- Clean up spills or floods within one day. If practical, take furniture that has been wet outside to dry and clean. Direct sunlight prevents mold growth.
- Dry all surfaces and fix the problem or leak to prevent further damage.
- Install a dehumidifier when a moisture problem is evident or when the humidity is high.
