Landlords: Toxic Mold and Tenants
“There was some mold on the ceiling in the family room, but I cleaned it with Clorox and everything seems to be fine now,” said no tenant, ever.
Of course, we WANT them to tell us about mold, so we can investigate what problem allowed the mold to develop. But, do we have to hear about it from their lawyers?
I’m going to tell you what you should do when a tenant complains about mold.
First, though, let’s learn a little bit about mold. Then, the response will make more sense.
It is not rare, but it also not as common as most people think. There are about 100,000 different varieties of mold. Most do not produce any toxic substances.
Neither black mold, nor other common molds, are responsible for most of the reported symptoms.This is according to a 2005 study by allergist Dr. Bernstein, who is widely recognized as an expert in health effects of indoor pollutants.
Of the 135 people followed in the study, all complained of exposure to toxic mold, with severe health problems afterwards. A whopping 80% had already hired lawyers to pursue toxic mold claims!Unfortunately, only one person had been exposed to Stachybotrys. All had been exposed to damp environments, which fosters problems with mold, cockroaches, dust mites, and other such things.One sick child was allergic to cockroaches, not to mold.“Most of the people with mold exposure,” explains Dr. Bernstein, “have good old allergies. Straightforward avoidance and OTC medications can get their life back on track.”
Knowing all of this, what is the correct response when a tenant complains of “toxic mold?”
Toxic or not, your tenant is REALLY complaining that their property is not habitable, because its abnormal condition is causing illness or discomfort to them.Just like other habitability issues, this might be a default by the landlord. In most states, if the landlord does not cure a habitability problem within the require time frame imposed by state law, then the tenant can terminate its lease without penalty. It might also be able to sue for damages for breach of the lease agreement.
Experts say that any mold less than 10 square feet can be cleaned by a tenant or homeowner. Larger areas should be cleaned by professionals. Some states, such as Texas, have specific regulations regarding remediation of mold. To research your state, do an Internet search the following string, but substitute your state name for the word “state”
Mold remediation residential regulation state
At the end of this article, I provide some links I was able to find for the more populous states.
What to do?
IMMEDIATELY provide all your tenants with a mold brochure explaining their responsibilities.
HERE is a pamphlet developed by HUD
THIS ONE was written by the Washington Department of Health.
English and Spanish brochures can be found HERE, written by EPA
When there is a mold report, ask your tenant to respond, in writing, regarding the following:
- When did you first notice the mold?
- Where is it? Can you send us photos, with a ruler or something in the photo to establish scale.
- When you cleaned the area with normal household cleaners and a 10% solution of bleach, did it eliminate all evidence of the mold?
- Did the mold re-appear or grow larger after you cleaned?
- How long did it take before it re-appeared or grew enough to be noticeable?
- What do you think is causing the damp condition that allowed the mold to grow?
- We will schedule someone to inspect this problem by ____________(date). Please leave your property in its ordinary condition, because that will help up pinpoint the problem.
As to landlord liability for mold, here is my opinion:
A landlord is liable for damages if he allows an unsafe condition to continue without remedy, and someone is injured as a result.
A landlord is not an insurance company. He does not have to pay JUST BECAUSE there is mold and someone gets sick.
Toxic mold is an unsafe condition. Regular mold is a habitability issue. Unsafe conditions might result in HUGE money damages paid to the tenant. Uncured habitability issues usually allow the tenant to cancel its lease and possibly recover damages for the forced early termination. These would be things like moving expenses.
Please discuss these issues with your lawyer or insurance company, now, so you are prepared when someone makes a mold claim against you. It will happen, sooner or later. Also, check your insurance to see if it covers mold, or if you need an additional rider (and premium increase) mold and mildew coverage.
At a minimum, create a Mold Addendum or a mold clause in your lease, that references following guidelines and advice provided by landlord.
Some states have regulations that do not allow self-inspection or remediation by landlords. Instead, you will have to hire someone licensed to perform inspections and remediation. You should research this area to determine your responsibilities.
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Resources for Ten Most Populous States, arranged by population size
California Report Regarding Mold, Remediation, Acceptable Levels, and Landlords
Texas Mold Assessment and Remediation Rules
New York State Law Regarding Remediation and Licensing
Illinois FAQ Regarding Mold, Including Landlord Issues
Illinois Mold Remediation Registration Act
Pennsylvania Task Force Report on Mold—No current laws as of July 2015
Ohio-Greene County Website Indicating No Mold Laws in Ohio
Georgia Landlord Tenant Handbook—No indication of any mold laws in Georgia. See pp 82-82
North Carolina Article Regarding Indoor Air Quality, and Landlord Habitability Issues
Michigan Government Agency Article Regarding Mold and Tenant Rights
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