How to Identify and Address Mold in a Rental Unit

Mold issues can be a real problem in rental units, having the potential to cause various medical-related issues and damage to the property.  Knowing how to identify, prevent and mitigate the adverse effects of mold in a rental property is crucial for maintaining a healthy landlord-tenant relationship. 

What are the Signs of Mold?

Mold is a fungus that grows in moist or damp settings.  It often flourishes in hidden or hard-to-reach places.  One reliable indicator of mold is a musty smell or order.  Mold can appear in various colors and textures, including black, green, white, or gray spots. You may find it in any area prone to moisture, such as bathrooms, kitchens, and basements. Mold exposure can also trigger allergic reactions, such as sneezing, coughing, itchy eyes, and skin rashes.

What Should I do if I Discover Mold?

Upon receiving a report of a mold problem, the landlord must be proactive in his or her effort to eliminate the problem.  The first step would be to hire a licensed mold expert to test the unit for airborne mold. To be admissible in court, the test must have been done by a qualified tester and a proper chain of custody must be shown.  After the mold has been confirmed, the landlord should temporarily move the tenant out or contain the area where the mold was found.  If the mold is only found in a discreet area of the apartment, that area can be sealed off.  Mold travels in the air, so the area must be professionally sealed by a licensed mold remediation contractor.  The landlord should reimburse the tenant for the temporary loss of the portion of the unit that was sealed off.

The next step is to remove all the tenant’s affected personal property and have it cleaned offsite by a professional mold remediation company.  The personal property should be stored in a safe and dry location until the apartment has been retested and confirmed to be free of mold.  Once this has been accomplished the landlord should hire a licensed contractor to eradicate the mold. After the mold expert determines that the unit is free from mold, the tenant can move back in.   

While this procedure may appear time consuming and expensive, cutting corners can potentially exacerbate resulting problems getting rid of the mold.. 

Tenant Legal Remedies for Mold

Failure to follow the proper protocol exposes the landlord to liability for all the tenant’s damages, including moving costs, bodily injury, property damage, emotional distress, return of rent, and loss of the value of the apartment.

Tenants have many legal remedies for mold related issues. Landlords have been found liable for mold under causes of action for negligence, breach of warranty of habitability, intentional infliction of emotional distress, and nuisance. In extreme cases, a tenant who is forced to vacate their rental unit as a result of the landlord’s negligence or refusal to make repairs may be able to bring a claim for constructive eviction.

Please contact Lynx Legal with any questions regarding the above.  Our experienced professionals are standing by to respond to your inquiries or start your eviction case if you are ready to proceed.  We can be reached at 888-441-2355 or info@lynxlegal.com.