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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

Mold Health Effects: 5 Tips to Stay Safe

Written by Martine Davis on . Posted in Mold Prevention, Uncategorized.

Mold—a word that might make you shudder, and for good reason. Often lurking in hidden corners or damp spaces, mold is more than just an unsightly inconvenience. It can pose serious health risks, especially to certain vulnerable groups. In this blog, we’ll explore how mold affects health, who is most at risk, and what you can do to protect yourself and your loved ones.

What is Mold and Where Does it Grow?

Mold is a type of fungus that thrives in damp, humid environments. Found both indoors and outdoors, it spreads through airborne spores. Common indoor sources include leaky pipes, poorly ventilated bathrooms, and basements with moisture issues.

Fun fact: Did you know that mold spores are nearly everywhere, but they only grow into colonies when given the right conditions? Unfortunately, those “right conditions” often overlap with our living spaces!

The Health Risks of Mold Exposure

Mold exposure can lead to a range of health problems, depending on the type of mold, the level of exposure, and an individual’s susceptibility. Here’s a breakdown of common effects:

Respiratory Issues: Mold spores can irritate the respiratory system, causing coughing, sneezing, and throat irritation.

Allergic Reactions: Many people are allergic to mold, which can trigger symptoms like itchy eyes, a runny nose, or skin rashes.

Asthma Complications: For those with asthma, mold can exacerbate symptoms or even trigger attacks.

Chronic Effects: Prolonged exposure to toxic molds, like *Stachybotrys chartarum* (commonly known as “black mold”), has been linked to more severe issues like memory problems, fatigue, or lung inflammation.

Children, the elderly, and those with compromised immune systems are particularly vulnerable to mold’s effects.

Signs of Mold in Your Home

Mold doesn’t always announce itself with a musty smell or visible patches. Other signs include:

– Persistent water stains or peeling paint.

– Increased humidity or condensation on windows.

– Health issues among family members that improve when they’re away from home.

Preventing and Addressing Mold

To keep mold at bay, try these tips:

1. Control Humidity: Aim for indoor humidity levels below 60%, ideally between 30-50%.

2. Fix Leaks Promptly: Whether it’s a dripping faucet or a roof leak, address moisture sources quickly.

3. Ventilation is Key: Use exhaust fans in bathrooms and kitchens, and ensure proper airflow throughout your home.

4. Regular Inspections: Check damp areas like basements, under sinks and behind toilets sinks for early signs of mold.

Thermal imaging device

5. Professional Help: If mold infestation is significant, consult a mold expert. A few hundred dollars for a mold inspection can end up saving thousands of dollars in damage

Conclusion

Mold is more than just a household nuisance; it’s a genuine health concern that warrants attention. By understanding its risks and taking proactive measures, you can create a safer and healthier environment. Remember, the battle against mold starts with awareness. Share this blog with friends and family—they might thank you for it!

For more information about Mold’s Health Effects, visit the CDC web page about mold

Should you buy a house with a crawl space?

Written by Martine Davis on . Posted in Air Quality Testing, Mold Prevention, Uncategorized.

When buying a house with a crawl space, potential extra costs include: crawl space encapsulation (to prevent moisture and pests), repairs for existing moisture damage like wood rot, additional insulation, pest control treatments, and potential structural repairs related to water damage; all of which can significantly add to the purchase price of the home.

Moisture is the plague of crawl spaces everywhere and is a big deal because it can impact finances and physical health. So what are the consequences of moisture in a crawlspace?

#1: Energy Costs

Vented dirt crawl spaces are costly since they create damp conditions upstairs, which requires more energy to heat. Damp air also puts more strain on an HVAC system.

Taking care of humidity problems in a crawlspace can save 15-25% depending on the size of the house, whether ducts are located in the crawl, how many stories the house has, etc.

Simply caulking around windows doesn’t fix the problem.

#2: Pests

A moist and moldy crawl space attracts pests. Rodents, insects, snakes and more can make their way into the home; some die in the crawlspace. As they decay, they create offensive odors that rise into the occupied space.

High humidity conditions in the living space invite dust mites and their droppings. These droppings exacerbate symptoms for allergy and asthma sufferers.

A moist crawlspace also favors termites due to the abundance of wet wood and since homeowners rarely visit their crawlspace, they don’t know that the home is being eaten away from the inside.

#3: Mold

Moisture settles on exposed surfaces, including joists, beams, fiberglass insulation, and drywall. As long as moisture is present, mold grows and spreads. If you’ve ever visited an older home and smelled a musty odor, mold probably was the culprit and 9 times out of 10, that musty odor comes from a basement or crawl.

Photo courtesy of Santa Fe Dehumidifiers

Mold in the crawl (or basement) has a direct impact on people living in the home. Because of the “stack effect,” air moves from below-grade spaces into the upper levels of the house. Warm air travels upward and escapes through cracks, windows, vents, and other openings. As the air rises, it carries allergens, spores, soil gases like radon, mold gases, dust, and harmful elements that infiltrate the living space. This often causes asthma, allergies, and respiratory problems for occupants.

#4: Rot

Moisture leads to mold and mold leads to rot. Rot eats away at wooden joists, beams, and drywall. It causes structural issues, like spongy floors, doors and windows that don’t close properly, buckling or sagging floors.

The options are to fix the moisture problem or replace floors and repair the foundation. 

Controlling humidity and water intrusion are essential. To accomplish that, an encapsulation system, dehumidifier and sump pump are usually recommended.

The Solution

Crawlspace encapsulation by a crawlspace expert will insulate damp earth and keep the area airtight, dry and energy efficient. A vapor barrier is installed on the walls and floors of the crawl, preventing water vapor and humidity from reaching vulnerable surfaces like joists and subfloor. The liner is mold and mildew resistant and usually comes with a 25-year warranty. This liner creates an inhospitable environment for pests and prevents summer heat and winter cold from invading.

Then a large dehumidifier is installed. These are usually efficient, low-maintenance systems that come with a 5-year warranty and are designed for usage in below-grade spaces. Ideally, the contractor will install a crawl space door composed of inorganic materials (foam board or plastic) not susceptible to rot and rust. It’s crucial to create an airtight seal between the crawl and outside air.

If necessary, your contractor may also recommend a drainage matting system to be installed underneath the liner to direct water to a perimeter drain and sump pump system to keep water from pooling and creating long-term damage.

The adage “you pay now or pay later” certainly applies to crawl spaces!

For more information about crawlspaces visit https://www.fema.gov/about/glossary/crawlspace and

https://www.energystar.gov/saveathome/seal_insulate/basement_crawlspace

Why mold testing is especially important for high-humidity areas

Written by Martine Davis on . Posted in Mold Inspection, Mold Prevention.

Mold is a serious issue that affects many homes and buildings, particularly those in high-humidity areas. High humidity levels provide an ideal environment for mold growth, which can have severe consequences for both the building’s occupants and the structure itself. This article will explore why mold testing is especially important for high-humidity areas, the dangers of mold growth, and prevention methods for avoiding mold growth.

What is Mold?

Mold is a type of fungus that grows in damp environments. It reproduces by releasing spores into the air, which can spread quickly and easily throughout a building. There are many different types of mold, some of which can be toxic and pose a serious health risk to humans and animals. Mold can grow on almost any surface, including walls, floors, and ceilings, and can cause significant damage to the structure over time.

High-Humidity Areas

High-humidity areas are those with a relative humidity level of 60% or higher. Examples of high-humidity areas include bathrooms, kitchens, laundry rooms, basements and crawlspaces. These areas are more susceptible to mold growth because moisture on surfaces provides an ideal environment for mold to thrive. High humidity levels can also lead to health issues, including respiratory problems and allergies.

The Importance of Mold Testing

Mold testing is the process of identifying the type and amount of mold present in a building. This is done by taking air and/or surface samples and sending them to a laboratory for analysis. Mold testing is important because it can identify hidden mold growth that may not be visible to the naked eye. It can also identify the type of mold present, which can sometimes be important from a medical standpoint.

Signs of Mold Growth

Visible signs of mold growth include black, green, or white patches on walls, floors, or ceilings. Another sign of mold growth is a musty odor, which is caused by the release of microbial gases released in the air by molds. Health symptoms associated with mold exposure include respiratory problems, allergies, headaches, dizziness, brain fog/confusion and fatigue.

Prevention of Mold Growth in High-Humidity Areas

Preventing mold growth in high-humidity areas involves controlling humidity levels, ensuring proper ventilation, and regular cleaning. Humidity levels should be kept below 60% by using dehumidifiers and air conditioning systems. Proper ventilation can be achieved by using exhaust fans in bathrooms and kitchens, and opening windows to allow fresh air to circulate. Regular cleaning should include wiping down surfaces with a solution of soap and water, to remove dust (mold food) and mold spores. Additionally, any leaks or water damage should be repaired immediately to prevent mold growth. Vinegar and bleach should be avoided as they release toxic fumes into the air (acetic acid and chlorine respectively). 

Hiring a Professional Mold Testing Service

While it is possible to test for mold on your own, hiring a professional mold testing service is highly recommended. These services have specialized equipment that can detect even small amounts of mold that may be hidden from view. They can also provide a detailed report on the type and amount of mold present, as well as recommendations for remediation.

When choosing a mold testing service, it is important to do your research and choose a reputable company with experience in testing for mold. Look for companies that are certified by organizations such as the IICRC or ACAC. interview the prospective mold inspector and find out if the HVAC components will be tested, if walls and plumbing cavities will be tested. Field experience has now shown that air samples are not effective at finding mold in homes. The cost of mold testing can vary, depending on the size of the building and the extent of the testing required.

During a mold inspection, the professional tester will take air and/or surface samples from various areas of the building (under kitchen sink, behind dishwasher, under vanities, inside ducts, from carpeting, etc.). The samples will then be sent to a laboratory for analysis, and the results will be provided in a detailed report. This report will include information on the type and amount of mold present, as well as recommendations for remediation.

Conclusion

In conclusion, mold growth is a serious issue that can have significant consequences for both the building’s occupants and the structure itself. High-humidity areas are particularly susceptible to mold growth, making mold testing especially important in these areas. Prevention methods such as controlling humidity levels, proper ventilation, and regular cleaning can help prevent mold growth. Hiring a professional mold testing service is highly recommended to ensure the most accurate and comprehensive results. By taking these steps, you can protect your home or building from the dangers of mold growth.

For more information about mold testing in high humidity areas, contact Indoor Environmental Testing, Inc. at (800) MY-AIR-TEST.

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

 

5 ways to prevent mold growth after water damage

Written by Martine Davis on . Posted in Mold Prevention.

Preventing mold growth after water damage with these 5 simple tips

Water Damage and mold growth on walls and ceilingHow you handle water damage depends on one crucial factor: timing.

Mold starts growing within 48 hours so getting everything dried right away is the most crucial aspect of mold prevention. 

Most people use fans to dry the area but heaters work better and if mold is already present on surfaces, let’s say from a previous water event, then fans may disperse and spread mold everywhere in the house, causing what we call a “mold storm”. 

When homeowners have to deal with a flooded basement, kitchen or bathroom they want it handled correctly so they will hire a professional water restoration company. Depending on how knowledgeable the contractor is, water and moisture may remain in walls, carpet fibers, under hardwood flooring and/or in fiberglass insulation. These conditions will encourage mold growth over time and the homeowner may never know that mold is present until an odor develops and they must hire a mold inspection professional.

To prevent such undesirable results, we recommend the following:

  1. If at all possible use a professional certified in water restoration. ACAC.org and IICRC.org are 2 reliable sources to find a certified professional in your area. Check reviews and make sure the reviews are for the service you will be needing. For example some franchises are mostly carpet cleaning contractors and not necessarily trained in mold remediation yet they offer the service.

 

  1. Be sure the contractor has the area isolated with plastic and proper controls in place to prevent the spread of mold and bacteria.

 

  1. All baseboards in the water-affected area should be removed and the bottom of the drywall cut a few inches to allow for quick drying of the wall cavity.

 

  1. Wet insulation should be removed and discarded (testing has shown that new insulation already has mold present in it and once water is added, growth will quickly ensue).

 

  1. Don’t forget the flooring. Water seepage under the laminate flooring, hardwood floors or carpeting is very difficult to dry. High heat and air circulation are necessary. If the flooring stayed wet more than a couple days, growth may have started underneath the floor. Carpeting can seldom be completely dried within 48 hours. Indoor Environmental Testing Inc. can test carpeting, underneath hardwood/laminate flooring and inside wall cavities.