Mold in Rentals: What Are Your Rights as a Tenant?

Mold in a rental home is a serious issue that can pose health risks and damage property. If you’re a tenant dealing with mold, it’s essential to understand your rights and the steps you can take to ensure your living environment is safe and healthy. Remember: a safe home is a right, not a privilege.

Here, we’ll explore the professional, scientific, and legal aspects surrounding tenant rights concerning mold.

Steps to Identify Mold and Its Health Risks

Mold can thrive in damp, humid conditions, often found in areas like bathrooms, kitchens, and basements. Signs of mold growth include:

– A musty odor
– Visible mold patches (often appearing as black, green, or white spots)
– Water stains on walls or ceilings, delamination on wood, bubbling paint, cracks in drywall, discoloration of paint
– Signs of water damage like leaks, water seepage, decay on wood material

Mold exposure can lead to various health issues, especially for individuals with respiratory problems or compromised immune systems. Symptoms may include allergic reactions, headaches, skin irritation, and respiratory difficulties. Some mold can affect the  neurological system and cause brain fog, dizziness, tremors,  migraines/headaches, etc. These symptoms are similar to microwave radiation poisoning from wi-fi, wireless printers, cordless phones, etc. so make sure you keep these appliances at a distance.

What are your legal rights as a tenant?

In many jurisdictions, tenants have specific rights when it comes to hazardous living conditions, including mold. Here are some general legal protections you should be aware of:

1. Implied Warranty of Habitability: Most states require rental properties to meet certain health and safety standards. This means that if a property is uninhabitable due to mold, you may have grounds to request repairs or even terminate your lease. Always do this in writing!

2. Duty to Notify: Tenants are typically required to inform their landlord of any problems with mold or water damage as soon as they are discovered. Documenting your communication—through emails or written notices—can be vital if legal action or mediation becomes necessary later.

3. Right to Withhold Rent: In some cases, if a landlord fails to take action after being notified of a mold issue, tenants may have the right to withhold rent until the problem is resolved. However, this action comes with risks and should be pursued with caution and preferably with legal advice first because the landlord can start eviction proceedings for non-payment.

4. Retaliation Protections: If you report mold issues, your landlord cannot retaliate against you by raising rent, evicting you, or refusing to renew your lease. If you feel you are being retaliated against, document each incident carefully.

Taking Action Against Mold

1. Document Everything: Keep records of mold sightings, health issues, and communication with your landlord. Photos, emails, and written notices are invaluable.

2. Request Repairs: Formally request your landlord to address the mold issue. This should be done in writing and detail the potential health impacts. How the landlord reacts to your request will tell you how to proceed. If they respond in a responsible and professional manner, they will hire a mold professional to investigate. Let them know you would like a copy of the inspection report. 

TIP: Beware of Mold Inspections that consists of simple air sampling in the middle of a room or “tape lifts” from general surfaces. Hidden molds inside ducts, in carpeting or inside wall cavities are rarely detectable with this methodology.

3. Seek Professional Help: If the landlord or Management Company doesn’t respond appropriately, or if you are not able to sufficiently document the mold problem, consider hiring a professional mold inspection company like Indoor Environmental Testing to provide an objective assessment and help bolster your case if you need to pursue further action. This step would likely be necessary if you plan to pursue legal action so confirm that the inspection company offer litigation support. The advantage here is that you will receive the inspection reports with the inspector’s findings.

If a mold problem is found, ask for reimbursement for your expenses related to the mold. Request that the mold problem be addressed according to the recommendation outlined in the inspection report.

The biggest and most common mistake landlords make at this point is to have their maintenance staff handle the remediation. This is a high risk step for all because improper handling of mold contaminated materials can cause cross contamination to the HVAC system and severe damage to the tenant’s furnishing and belongings. If this happens, cover all your belongings and furniture with plastic and have a mold professional test them when the remediation has been completed to verify that your things were not contaminated.

4. Legal Consultation: If your landlord does not respond appropriately, seek legal advice. A lawyer specializing in tenant rights can guide you on how to proceed, whether that involves mediation or filing a lawsuit.

Conclusion

Mold in your rental apartment, condo, town home or house is more than just an annoyance; it’s a potential health hazard that demands immediate attention. Understanding your rights as a tenant is crucial in addressing this issue effectively. By documenting your situation, communicating with your landlord in writing, and taking appropriate action, you can work towards ensuring a safe and healthy living environment. Always consider consulting a legal professional if you’re unsure about your rights or the best course of action.

For further assistance or to discuss your situation, feel free to reach out. Let’s ensure your living space stays safe and healthy! For a mold inspection, contact us at 1.800-692.4783 (serving Madison, WI, Knoxville and Nashville, TN)

Here are some possible contacts for legal advice.

Nashville:

Madison:

• Linda Monroe, Monroe Law Office
• Community Justice, Inc (CommunityJusticeInc.org)
• Steven C. Wheeler, Wheeler Equal Rights Law
• Damon Etawlyah & Marin Smith, Small Axe Cooperative (Sliding Scale Available) 

Knoxville:

• Bennett Hirschhorn