Advice on a mold issue reported by tenant

[Andy K]

Hi all,

I would like some advice on an issue we are facing at our rental right now.

We have a 2-storey rental home (built in 2005), where the tenant called us in early January saying they are seeing a 2ft by 2ft wet spot on the ceiling and adjacent drywall of an upper storey bedroom. Thinking that this was a leak in the roof (since we were having some high winds and rains at that time), I immediately sent a roofing company to take a look at it. The roofing company said there was a leak, and within few days the leak in the roof was fixed. I asked the roofing company at that time if there was anything more I need to do, since the area inside the roof must have got wet due to the rains, and they told me not to worry and to paint the discoloration on the drywall that happened due to the water, after the drywall dries up.

The leak had happened in the ceiling of the room, which is the tenant's child's bedroom.

Few months have gone by, and I get a call from the tenant yesterday that the child has been having breathing problems and issues with the lungs for the past couple weeks. They tell me that the child has always been very healthy and never had any issues like that before this. No treatment is working so far, and the doctor adviced them to see if there was any mold in the home. Now the tenant is saying that at the time the roof was fixed, the wetness inside walls and ceiling was not removed and has now become mold, which is affecting their child. I asked if they see any black growth on the spot where the leak happened, or any odor in the room, but they said both those things are not present.

They are saying they are concerned and not very happy right now, and are hiring a mold inspector on their own to see if there is mold growth that happened due to the roof leak. Yesterday's phone call was the first communication with them regarding the roof leak issue, since the time the roof has been fixed. Its not that they told me anything about this before and I did not take any action on it.

Can experienced folks suggest what I should be doing now? Should I be sending a mold inspector on my own to the home to inspect it as well? Or wait for them to do the inspection and see what they find? From your experience, is it possible for mold to grow inside the walls and affect people inside the home, due to a roof leak about 5 months ago, that was fixed pretty quickly after it was reported?

Any advice on how I should handle this urgent matter is much appreciated. Thanks.

[Leland Barrow]

Yes, it is possible for mold to grow in five months. It will usually grow because there is not adequate ventilation. I know what has happened has happened but for anyone else reading this make sure any internal areas that get water soaked are properly dried out. The roofers should have recommended having someone dry out the area and repair it. You may have recourse through the roofing company if the situation escalates. Worst case scenario any decent lawyer will attach them to the suit. 

That being said you need to consult a lawyer. You are in a situation that can go either way. A lawyer can help you navigate a potential nightmare. My advice is to be responsive and be pro-active. All communication should never admit fault and should only address facts. I would send my own inspector and I would be there. during the inspection. Be available, approachable, and friendly.

Is mold present?

Is it toxic mold?

If the answer to those questions is "no" then you can move on. Letting their inspector inspect it removes your control over the situation. Always be in the driver seat and not just along for the ride. Most people overreact to situations because their emotions are involved. At every opportunity remove the emotion and focus on the problem. Is it is springtime in California and the end of a drought. I would personally guess that it is allergies. Something us Texans know all about.

If mold is present then follow your lawyers advice.