Toxic Mold in the Rental House: Landlord Responsibilities
Toxic mold is one of the biggest indoor air quality issues in homes across the USA. The controlled climate found in modern buildings can create the perfect conditions for the growth of mold. If humidity levels are high, moisture is present, the temperature is right, and there are organic materials in parts of the home, that home can become a breeding ground for mold.
The trouble with mold is it is so difficult to detect. Mold will typically grow in areas of the home where the occupants are least likely to find it. These include those parts of the home around the toilet or bathtub, near the boiler or water heater, under the bathroom mat or living room carpet, in the attic or basement, and inside dishwashers, refrigerators, vents, or AC units.
The difficulty of detecting mold in the home is part of what makes it so dangerous. Mold is more likely to hurt people when they don’t know of its presence. This is because they may ascribe the symptoms they experience to other causes. Mold sickness can mimic other existing health conditions, making it harder to spot.
Mold in rental properties
Dealing with mold in a rental property presents unique challenges for the tenants in the home and the owner of the property.
For tenants, the difficulty lies in the fact that mold is often the outcome of maintenance issues which are the landlord’s responsibility. When a tenant pays a landlord to live in the rental home, the landlord assumes the responsibility to make that home safe and comfortable. No tenant should have to deal with health issues that are the results of a landlord’s negligence.
Landlords, on the other hand, have to be sure that the mold issues in the rental are not a result of how the tenant is using the property. Even if landlords do their best to ensure the best conditions in a home, the tenant’s handling of the property can predispose it to mold. As long as mold is the result of conditions created by the tenants, landlords expect tenants to pay for the problem.
It is vital to sort this issue out at the start of the landlord-tenant relationship because mold can hurt both the landlord’s business and the tenant’s health. When responsibility for mold has been properly assigned in a rental, it makes it easier to resolve problems quickly. Speed is essential for getting rid of mold in a rental home.
When is mold the responsibility of a landlord?
Mold in a rental property is actually a habitability issue. Mold in a rental property can void the landlord’s “implied warranty of habitability.” This is an unspoken assurance that landlords give to tenants which affirms to the tenant that the landlord has done everything to ensure the safety and comfort of the home. A home becomes uninhabitable when there is toxic mold in it.
Mold in a rental property is the landlord’s responsibility if that mold is present for any of the following reasons:
1. Mold from poor construction
In new houses, mold will often get a foothold because newer houses are built to be airtight and this can promote mold. In new homes, water trapped in the building materials can lead to mold. Mold can also be the result of using green lumber in the construction of the building.
1. Mold caused by prolonged leaks
If there is or was a leak in the home which was not handled properly, the resulting mold is the responsibility of the landlord. Leaks, in general, will make it easier for mold to grow. This can be water leaks in the kitchen, bathrooms, toilets, basement, or drywall. It can also be the result of moisture infiltration into the flooring or windows of the home.
2. Mold due to excessive humidity or poor ventilation
If there are no exhaust fans in the kitchen or bathroom or they are not working, those places may become the festering ground for mold due to high humidity. Poor ventilation in the attic, basement, or crawlspace can also lead to mold. The home may also be prone to mold if it is near a water body.
3. Mold inside the HVAC systems
The ducts of the HVAC systems often serve as a hiding place for mold. If ducts are not cleaned, they can get dusty and provide the organic materials mold need to survive. Even if the entire home is rid of mold, if mold remains inside the HVAC – ducts as well as AC – the mold will persist in the home.
When is mold the responsibility of a tenant?
Tenants can also do things that will cause mold to grow in a rental home:
- If a tenant fails to inform the landlord of the presence of any condition that can lead to mold, the tenant is partly responsible if mold grows in the home as a result.
- Tenant’s lifestyle or habits can lead to mold. For instance, if tenants stack rooms with papers or have several plants in the home, it is easier for that type of mold that lives on paper or plants to grow.
- An intentional or negligent action of the tenant which leads to conditions that make it easier for mold to grow places the financial burden for solving the problem on the tenant’s shoulders.
How can landlords deal with mold in a rental?
The following steps can help reduce the probability that a landlord will have issues with tenants over the presence of mold in a rental home.
1. Include a clause on mold in the lease agreement
This clause should clearly spell out the steps to be taken to prevent mold and what is to be done if mold is detected. It should also specify the consequences for failing to follow those steps.
2. Have clear documentation
In addition to documents that show the home’s history with mold, all communications with tenants should be documented. As a rule, all discussions with tenants should be via email. This makes it easy to have a record of the communication between landlords and tenants on any mold issues.
3. Conduct third-party mold inspections
At the start of a tenant’s lease, before move-in, have a third-party mold inspector check the home. Tenants should be made aware of the results of the inspection. Additionally, the home should be inspected for mold every two years, whether there is a tenant in it or not.
In closing, note that regardless of who is responsible for a mold problem, landlords are required to remove mold from the home as soon as a tenant brings it to their notice. If the tenant is responsible for the problem, the landlord may discuss this with the tenant afterward.
