Not all of the customers we work for own their home. Many are renters that know they have a mold problem and their landlord won’t fix.
There is no doubt that mold is responsible for significant health problems – such as chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma – and should be cleaned or professionally remediated from your home. But what if the place you live is not a home you own, but merely rent. Mold has become one of the major legal conflicts that often arise between landlords and their tenants – and neither side wants to take responsibility.
As a tenant, you should be informed of your legal options if your landlord refuses to clean up dangerous mold growth that puts your health at risk. As a landlord, you should be aware of your legal responsibilities to your tenants and the potential liabilities that can occur from negligence on your part.
In order for both sides to better understand their circumstances, this list will cover current tenant and landlord laws regarding mold and negligence. As of now, there are no current federal regulations that set permissible levels of mold or building tolerance standards. But some states and cities have enacted laws on this subject:
California is the most progressive state when it comes to mold regulation. The “Toxic Mold Protection Act of 2001” allowed the Department of Health to develop identification and remediation standards that will set permissible levels of mold for landlords and require them to disclose to current and prospective tenants the presence of any known or suspected mold. So far, the DHS has not finished its research.
Texas, New Jersey, Maryland, and Indiana also have passed laws to develop guidelines and regulations that would eventually affect landlords.
New York City has passed a local ordinance requiring landlords to follow Department of Health guidelines for indoor air quality.
San Francisco considers mold to be a legal nuisance, like trash and vermin, and is susceptible to private and public nuisance laws. Tenants can sue their landlord if they fail to clean up mold and it becomes a nuisance.
All other states (except Colorado and Arkansas) do not yet have specific mold laws. However, if a tenant suffers health problems due to mold, they may sue their landlord for negligence if their landlord failed to properly maintain and repair leaks on the rental property. The tenant must prove that their health problems were caused by the mold and it was their landlord’s negligence which caused the mold.
Colorado and Arkansas landlords are exempt from the scenario described above.
No matter where you live, tenants should be aware that the situation completely changes if the mold was caused by their own behavior. Also, some landlords may include a mold clause in the lease that will not hold them accountable for mold damages or health problems under any circumstances. Be informed, and check local and state laws in your area.
Guardian Preservation Services knows your rights, whether you are a landlord or tenant, and can advise you on your best options living a safe, healthy life in the space that you live.
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