How to handle mold reported by tenant

[David Stone]

Hi BP!

I have a duplex I rent out and have a tenant on one side who reported seeing mold in the corner by the ceiling above the shower.  They said they scrubbed it away with a bleach solution and haven't seen a reoccurrence but wanted me to know about it.  

Each of my tenants signs a mold disclosure, which I have included at the end of this question.  

I told them to use their bathroom fan when showering and to report any new growth to me immediately.

My question is:  

1.  If there was no mold before they occupied the unit, do they have a right to leave the property (with security deposit) if the mold is affecting their health?  

2.  Am I responsible for taking care of the problem financially or should this money be deducted from their security deposit?  

3.  How can I prove that the mold was a cause of the tenant's actions as opposed to my responsibility.

4.  Is there anything else I should know before an issue arises?

Any and all feedback is welcome!  

Thanks in advance,

David Stone
Elma, WA

Addendum to contract:  Mold and Moisture Disclosure Statement

(This is the addendum to the rental agreement that they sign)

1. ADDENDUM TO RESIDENTIAL LEASE AGREEMENT

(Mold/Moisture Disclosure Statement)

EXHIBIT A

<INSERT> <INSERT>

592 SW ADDRESS

<INSERT>

14

This addendum to the Residential Lease Agreement is made and entered into this ______ day of ___________________, 20__, between DAVID C STONE(Landlord) and ______________________________________________ (Tenant) pertaining to the premises located at ______________________________________________, State of WASHINGTON, county of MASON.

There are no established guidelines for unacceptable air quality caused by mold. Mold is a naturally occurring phenomenon. Mold and/or mildew should be cleaned as soon as it appears. Mold and/or mildew growth can often be seen in the form of discoloration. The different colors of mold range from white to black, including, but not limited to, green, gray, brown, orange, yellow and other colors. Your housekeeping and living habits are an integral part of the ability of mold to grow. In order for mold to grow, water and/or moisture must be present.

TENANT AGREES to maintain the Premises in a manner that prevents the occurrence of mold or mildew growth within the Premises. In furtherance of such obligation, TENANT AGREES TO PERFORM THE FOLLOWING:

1.To keep the Premises free from dirt and debris that can harbor mold;

2.To inspect the Premises regularly for the indications and sources of indoor moisture;

3.To immediately report to Landlord any discoloration evidenced on walls, floors, or ceiling and/or any water intrusion, such as plumbing leaks, drips or flooding;

4.To not air dry wet clothes indoors;

5.To always utilize stove hood vents when cooking items that may cause steam;

6.When showering/bathing, to always utilize the bathroom fan and to notify Landlord of any nonworking fan;

7.To water plants outdoors;

8.To notify Landlord in writing of overflows from bathroom, kitchen or any other water source facilities, especially in cases where the overflow may have permeated walls, flooring or cabinets;

9.TO IMMEDIATELY WIPE DOWN ANY WATER OR CONDENSATION THAT APPEARS AND/OR DEVELOPS ON ANY AREA OR ANY SURFACE;

10.To clean upon first appearance, any mildew from condensation on window interiors, bathroom & kitchen walls, floor and/or ceilings. Cleaning is done with common household bleach. Mixture is one part bleach to 10 parts water. You may add a little dish soap to the water mixture to cut any dirt and oil on the surface you are cleaning that may hold mold. Do not add other cleaning chemicals, especially ammonia. Dispose of any rags or sponges used to clean the mold in a sealed bag;

11.TO REPORT TO LANDLORD IN WRITING AND VERBALLY THE PRESENCE OF ANY MOLD GROWTH on surfaces inside the Premises;

12.To allow landlord immediate entry to the Premises to inspect and make necessary repairs in the event mold or water intrusion is present;

13.To use all reasonable care to close all windows and other openings in the Premises to prevent outdoor water from penetrating into the interior unit;

14.To clean and dry any visible condensation/moisture on windows and window tracks, walls and other surfaces, including personal property as soon as reasonably possible. Condensation on windows indicates that fresh air is not being circulated in the home to prevent moisture buildup. Open your windows and air out your home for short periods of time to keep fresh air present. Excessive running of your heater will cause condensation in your home;

15.To notify landlord of any problems with air-conditioning or heating systems that are discovered by Tenant;

16.To maximize the circulation of air by keeping furniture away from walls and out of corners;

17.In addition to the above, Tenant further agrees to perform all responsibilities set forth in the MOLD/MOISTURE DISCLOSURE STATEMENT.

TENANT FURTHER AGREES to indemnify and hold harmless Owner and Owner’s management agents from any suits, actions, claims, losses, damages, and expenses (including reasonable attorney’s and court costs) and any liability whatsoever that Owner and/or its management agents may sustain or incur as a result of Tenant’s failure to comply or perform with the obligations set forth above or as the result of intentional or negligent action or failure to act on the part of Tenant or any other person living in, occupying, or using the Premises.

Tenant hereby certifies that Tenant has read the MOLD/MOISTURE DISCLOSURE STATEMENT, and has read and understood the contents of this ADDENDUM, and has received a duplicate copy.

Tenant Date Tenant Date

Landlord/Management Representative Date