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

Written by Martine Davis on . Posted in Indoor Environmental Testing, Mold Illness Mold Sickness, Mold Inspection, Mold Prevention.

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:

  • Ann Peldo Cargile: Bradley Arant Boult Cummings LLP.
  • Connie Chadwick
  • Robert E. Lee Davies, Jr.: Puryear, Newman & Morton
  • Freeman & Fuson
  • Davis Law Firm

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:

In Tennessee, contact

  • Tennessee Consumer Affairs Division for mediation services
  • Tennessee Fair Housing

In Madison, WI, contact The Tenant Resource Center Rental Rights Hotline 608-257-0006
Toll-Free: 877-238-RENT (7368)

For reliable information about mold, visit these websites:

  • https://www.epa.gov/mold/mold-cleanup-your-home
  • https://www.cdc.gov/mold-health/about/clean-up.html

DNA Testing Changes How We Detect And Treat Mold

Written by Martine Davis on . Posted in Air Quality Testing, Indoor Environmental Testing, Mold Inspection.

Mold has recently become a hot-button issue, with horror stories appearing on the news of unsuspecting people suffering from devastating illnesses caused by harmful fungi. Lawsuits against landlords and builders are increasing as more people seek legal help for compensation for mold-related sickness. It begs the question, “Why now?”

Since ancient times, humans have lived with mold, with texts like the Bible referencing the toxic substance. If mold has existed for thousands of years, why is there so much interest in it now? Has it become more toxic than 10, 20, or 50 years ago? What’s changed?

The Impact of Scientific Research on Understanding Mold

While some scientists have theorized that mold is now more toxic than it was in the past, the most likely answer is that improved detection techniques make it easier to find hidden mold. The days of searching for mold spores in air samples are behind us. We now know ingestion isn’t the only way this fungus can cause sickness. Some strains are more harmful than others, and we now have the tools to identify and address mold and mycotoxin exposure. As more studies come out, we find that mycotoxins in buildings can be inhaled or absorbed through skin contact with mycotoxin-rich dust.

Mold Detection and Symptom Identification

It’s now possible to detect elevated mold counts and toxic species in a variety of areas, including:

  • Household dust
  • Furniture
  • Carpet
  • Furnaces
  • Mini-Splits and air conditioners
  • Heating and cooling systems
  • Ductwork
  • Air purifiers
  • Dehumifiers
  • Mattresses
  • C-PAP machines
  • Car ventilation systems, upholstery and carpeting

Mold spores were likely present in these locations before but were untreated due to a lack of understanding of the signs of mycotoxin poisoning. Research into the topic unveiled unexpected symptoms previously unknown to scientists. For example, toxic black mold under the kitchen sink may cause dizziness or shortness of breath while cleaning the dishes. Sufferers would seek medical help only to receive a diagnosis of a vague ailment like hypersensitivity pneumonitis, a lung inflammation, or vertigo. For many, the symptoms would continue as they underwent unsuccessful treatments that failed to target the real culprit.

Exciting Advancements in Mold Detection

Advanced DNA extraction techniques like MSqPCR (Mold-Specific quantitative PCR) have improved mold awareness and solved mysterious illnesses. While we already knew that mold and mold toxins caused sickness, including liver and kidney damage, cancers, and even death, inspectors lacked the necessary lab tests to identify the fungus in indoor spaces.Now, however, healthcare workers can test a patient’s blood for mold exposure markers, opening doors to effective treatments that were once closed. Armed with these new testing techniques, our knowledge of mold and its effects has skyrocketed.

More than a decade after implementing this new technology, we can better understand and link occupants’ symptoms with mold contamination in buildings and even identify which mold species cause the strongest reactions.

The History of Mold Detection

In 2004, the Institute of Medicine released a report titled ” Damp Indoor Spaces and Health,” which would pave the way for modern-day advancements in mold detection. It outlined the results of a study showing the connection between damp indoor spaces and mold to illness. The report recommended developing better measurement methods for specific microorganisms using DNA-based and other advanced technologies.


As a result of this report, the US Environmental Protection Agency (EPA) developed a DNA-based test called the ERMI (Environmental Relative Mold Index) that provides a straightforward, objective, sensitive, and standardized method of assessing mold markers in indoor spaces. The test uses dust samples collected from homes and provides highly accurate results. It is important to note that the EPA considers the ERMI a research tool and doesn’t recommend it as the sole testing technique for residential or commercial spaces.

As time progressed, air-quality professionals began using a similar DNA-based testing technique to identify mold in buildings. These techniques drastically improved the ability to discover mold in areas where previous air sample tests could not. These discoveries led to a more comprehensive understanding of what happens when mold is disturbed. It also answered the questions of why people were becoming sick during mold remediation and whether a person transports mold when moving from one contaminated space to one without mold (the mold spores attach to their belongings, contaminating the new space.)

In 2009, the World Health Organization (WHO) concluded that dampness and mold in interior spaces led to a 30% to 50% increase in respiratory and asthma-related sickness. They also found a correlation with higher ERMI values in homes and a greater likelihood of asthma among occupants. Understanding proper cleaning techniques and the best way to remove mold fragments, mycotoxins, and other mold by-products greatly impacted how professionals treated mold infestations.

Conclusion

Recognizing water damage, moisture, and visible mold remain important aspects of mold inspections, but new technologies allow us to see once-invisible spores. We now understand why some people exhibit symptoms even when mold isn’t easily identified. As in law enforcement, DNA technology is an increasingly powerful forensic tool changing the game for mold inspectors and healthcare workers alike.

 

The mold is inside the wall so it can’t hurt anybody … or can it??

Written by Martine Davis on . Posted in Air Quality Testing, Indoor Environmental Testing, Mold Illness Mold Sickness, Mold Inspection, Mold Prevention.

“It’s inside the walls so it can’t hurt anybody”

As mold inspectors, we hear this almost daily …  This phrase has been uttered by countless builders, landlords, property managers, maintenance personnel, handymen, homeowners, even doctors and mold inspectors themselves!!

So what’s the story on mold inside walls?

People wrongly assume that mold spores are what makes people sick. There are many more components of mold that can be harmful. Yes, it’s true that, in most cases, mold spores do not come out of a wall and into the occupied space, however molds produce toxic gases called MVOCs (Microbial Volatile Organic Compounds) and poisonous mycotoxins, like Trichothecenes for example.

These gases and chemicals CAN easily travel out of wall cavities in the same way sewer gas or carbon monoxide can. They can circulate through electrical outlets, small cracks and under the baseboard. They CAN and DO affect occupants, sometimes in a major way.

For example, an office worker complained of severe headaches, flu- like symptoms, and brain fog when she was in the office. Symptoms went away during weekends when she was home. Her boss was skeptical that anything was wrong with the office but a cavity test of the wall behind her desk revealed Stachybotrys (aka Toxic Black Mold). A roof leak has caused water to drip into the wall cavity and water was pooling behind the baseboard causing active growth. In another case, a woman complained of dizziness any time she was at the kitchen sink. Testing of the area underneath and behind the sink revealed a large quantity of Stachybotrys, aka “toxic black mold“.

Microbial gases are responsible for the musty smell that we associate with mold. If we don’t see mold, sometimes the musty odor is the only sign that mold is present in a room but sometimes, there is no odor to warn us so we can be exposed unknowingly.

With advances in technology, we can now test household dust to confirm that mycotoxins are indeed produced and coming out of wall cavities by matching the mold in the wall with the mycotoxins found in the home dust. The old thinking was that you had to ingest mycotoxins from foods for them to make you sick but we now have evidence that touching or inhaling mycotoxins can poison people and animals.

If the water intrusion has stopped and mold has dried up, what happens?

Mold is no longer active (it is dormant) and may not produce a gas so all is good right? Not so fast! When mold dries up, it becomes more brittle and lightweight and a few spores can become hundreds of microscopic mold fragments that are very inflammatory and able to easily travel and get out of the wall. How do we know this? Because air samples show no abnormalities but DNA testing of the dust in that room will reveal its presence in the room dust! Mycotoxins hitch a ride on dust an these can be found in the room dust too. In addition, molds inside walls could reactivate any time the temperature and humidity are just right so as a precaution, it’s best to safely remove moldy materials.

Mold growth is often accompanied by bacterial growth and mycotoxins production. Bacteria produce toxic by-products called endotoxins which have been shown to cause chronic airway disease in mice. Some scientists believe these are even more poisonous than mycotoxins and mold-literate doctors are now asking patients to test their homes for both mycotoxins and endotoxins.

So mold inside walls should never be ignored unless the quantity is minute. It must be removed with proper controls by a professional mold remediation contractor who will use plastic containment, air scrubbers with negative air pressure and make sure mold will not be dispersed into the rest of the home. Once the mold is removed, the surfaces will then be disinfected and dried.

For more information about mold’s health effects visit the US EPA Mold Page

For information about Biological Pollutants in your home, see this article https://www.epa.gov/indoor-air-quality-iaq/biological-pollutants-impact-indoor-air-quality#Health_Effects and this information from the CDC about biotoxins