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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

Brain Fog: Studies confirm mold causes brain inflammation

Written by Martine Davis on . Posted in Mold Illness Mold Sickness.

“Brain fog” is a general term used to describe cognitive symptoms such as confusion, difficulty concentrating, memory problems, and mental fatigue. While the exact mechanisms by which mold and its mycotoxins cause brain fog are not fully understood, it is believed that exposure to these toxins can trigger inflammation and oxidative stress in the body, including the brain. Furthermore, mycotoxins like trichothecenes can disrupt neurotransmitter function and interfere with communication between nerve cells in the brain. This disruption can lead to cognitive impairment.

For a long time now, mycotoxins were believed to be THE cause of various adverse effects on human health, including neurological symptoms. When neuroscientist Cheryl Harding set out to prove it with her study of mold exposure on the brain of mice, what she discovered was unexpected: Even when mycotoxins were removed and mice were exposed to spores only, neurological symptoms still occurred! This challenges what scientists have believed for decades: that  mycotoxins were the culprit.

Harding exposed mice 3 times a week for 6 weeks to Stachybotrys (aka “Toxic Black Mold”) OR to Stachybotrys spores with the toxins removed. Both sets of mice experienced brain inflammation, damage to brain cells, and worsening of memory. Some of the subjects exhibited behavior indicative of anxiety and overall sickness.

When the brain tissue was later examined, Harding noted a type of inflammation called innate immune activation and this was present in BOTH treatment groups, proof that even without the toxins, this mold was able to injure the immune system which then spread inflammation to the brain.

The memory part of the brain tissue also showed an increase in the brain immune cell that releases cytokines into the Central Nervous System (CNS) which, according to Harding, explained the mice “sickness behavior” of fatigue, pain and social withdrawal. 1

The results of another study published in 2020 showed that symptoms of the central or peripheral nervous system were more common among participants of the study who were exposed to mold vs. control participants who were not exposed, that is 81 vs 11% . Fatigue was reported in 77 vs. 24%  and “brain fog” was prevalent in 62 vs 11% of the study participants.2

It’s important to note that while this evidence suggests a definite link between mold exposure and cognitive symptoms like brain fog, more research is needed to fully understand the mechanisms involved and to establish a definitive causal relationships.

If you suspect that mold exposure is affecting your health, it’s advisable to consult with a mold-literate healthcare professional for proper evaluation and management. A list of mold-literate docs is available on the IET website.

Harding CF, Pytte CL, Page KG, Ryberg KJ, Normand E, Remigio GJ, DeStefano RA, Morris DB, Voronina J, Lopez A, Stalbow LA, Williams EP, Abreu N. Mold inhalation causes innate immune activation, neural, cognitive and emotional dysfunction. Brain Behav Immu

2 Saija Hyvönen, Jouni Lohi, Tamara Tuuminen, Moist and Mold Exposure is Associated With High Prevalence of Neurological Symptoms and MCS in a Finnish Hospital Workers Cohort, Safety and Health at Work, Volume 11, Issue 2, 2020, Pages 173-177, ISSN 2093-7

How many of these mold myths do you believe?

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

Myth #1 If I had mold in my house I would see it

Molds prefer to grow in dark places with little air flow like behind the wall, underneath cabinetry, underneath hardwood floors, inside the furnace, etc. It’s impossible to see mold in these places.

Myth #2 If I had mold in my house I would smell it.

The musty smell we associate with mold is produced when molds are actively feeding and digesting. During that phase. they produce a gas called Microbial Volatile Organic Compounds or MVOCs. Some MVOCs are not perceptible so they could easily be missed. Once the area dries, molds stop feeding and no longer produce the gas so there is no smell however, the mold is still there, drying up and becoming more volatile, more likely to become airborne and travel in air spaces.

Myth #3 Ozone kills mold

Ozone has its place, for example to disinfect kitchen surfaces or remove odors once the source is gone. However, studies have shown that it’s never 100% effective on mold and mycotoxins. The goal with mold is removal not “killing”. Mycotoxins are not an organism they are a chemical, no need to kill chemicals but they should be removed.

Myth #4 The EPA says there is no need to test so I don’t need a mold inspection.

The EPA is referring to testing visible mold, of course everyone knows mold should be removed, no need to test.  But if you clean up only the mold you can see, there is a very high chance that you’ll miss some. For example, your dishwasher leaked and you cleaned the area underneath and in front of it but testing may show mold is also growing underneath your kitchen cabinets on both sides, underneath the flooring, in the wall behind the dishwasher and in the basement ceiling below.  It all depends on where the water travelled and a mold inspector who tests cavities is your best bet.

Myth #5 Mold is everywhere so finding mold in someone’s house is not a big deal

Yes there are common, harmless mold everywhere. What a mold professional does is look for water-damage molds that are toxigenic and allergenic, which means molds capable of producing toxic substances or allergens/inflammatory compounds. A mold professional is trained to recognize the difference.

Myth #6 I’m sick but nobody else is, so it’s probably not mold

Approximately 25% of the population has a genetic deficiency in the HLA-DR gene on chromosome 6. Missing HLA genes or a deficiency in function of these genes makes those individuals at risk when exposed to mold. This is why in a household of 4, only 1 or 2 may be sick. In addition, more than 40% of the population is sensitive to mold in some form but many don’t know it. Who would think that trouble sleeping, nightmares, urinary issues, memory loss, irritability and anger could be related to mold exposure??! Also, individuals with Autism spectrum disorder (ASD), Lyme Disease, Mast Cell Activation or PANDAS (Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections) are very sensitive to mold and can have severe reactions when exposed to mold, immediate or delayed. For example, one of our clients said that his child (diagnosed with PANDAS) would start screaming for no reason when entering his playroom in the basement which was later found to be infested with Stachybotrys and Chaetomium molds. 

Myth #7 If I buy a newer house or build a house, I won’t have a mold problem

In more than 20 years of inspecting well over 5,000 homes for mold, I only found a handful of them that didn’t have a mold issue somewhere. We have found mold in brand new apartments, condos, multi-million dollar homes, etc. Flooding happens during construction, rain happens during construction, plumbing errors happen during construction…We even find mold in walls of newly renovated bathrooms and kitchens because the renovation crew never noticed they were disturbing toxic mold and they just swept debris in the wall cavity before installing the new drywall!

Myth #8 Air samples will tell me if I have mold in my walls

Unfortunately it’s not that simple. Again, 20+ years of testing and tens of thousands of air samples have shown repeatedly that an air sample taken in a room will not detect mold behind the wall. The wall cavity itself has to be tested.

Myth #9 Fogging gets rid of mold

Fogging has become “a thing” lately. It’s much cheaper than typical mold removal and seems like a magic pill. Problem is, it doesn’t remove mold. Fogging will cause airborne particles to get wet and heavy so they will fall and land on surfaces where they can be wiped off but mold growth is not removed by fogging. Even if the fog could reach inside walls, it would only reach the top layer of mold. Extensive field testing has shown no reduction of mold counts and no direct effect on mold inside wall cavities, under vanities, inside the furnace, etc.

Myth #10 Once a house is infested with mold, you have to throw away everything

There are plenty of stories on social media of people who felt they had to leave everything behind after a water incident. There are many reasons for this. In some cases, the testing was incomplete and didn’t find ALL the mold, in some remediation was inadequate and left too many mold fragments or mycotoxins behind, in others, the person didn’t clean the house enough after remediation. There are a few cases where the person was poisoned so severely by mold that they may never be symptoms free in the home but these cases are very rare. With proper remediation and post remediation cleaning, a house can be perfectly safe and most folks do fine in their house afterwards. Some items may need to be discarded if mold grew on them or if the surface was porous and affected. Testing of furnishings is key to find out what to keep and what to discard. 

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