Mold in Rentals: Landlord Liability, Responsibility, and Prevention

Learn about mold in rental units  your landlord's liability for mold problems, how to get rid of mold, and how to prevent mold in the first place. 

Mold is one of the newest environmental hazards causing concern among renters. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma allegedly caused by exposure to "toxic molds" in their building.

If you suspect there is mold in your rental unit, learn when your landlord might be liable and how to clean it up. Even better, take steps to prevent or clean up mold before it becomes a problem.

Where Mold Is Found

Mold comes in various colors and shapes. The villains with names like stachybotrys, penicillium, aspergilus, paecilomyces, and fusarium are black, white, green, or gray. Some are powdery, others shiny. Some molds look and smell disgusting; others are barely seen hidden between walls, under floors and ceilings, or in less accessible spots, such as basements and attics.

Mold often grows on water-soaked materials, such as wall paneling, paint, fabric, ceiling tiles, newspapers, or cardboard boxes. Humidity sets up prime growing conditions for mold. Buildings in naturally humid climates of Texas, California, and the Southern U.S. have experienced more mold problems than residences in drier climates. But mold can grow irrespective of the natural climate, as long as moisture is present.

Mold and Your Health

Mold is also among the most controversial of environmental hazards. There is considerable debate within the scientific and medical communities about which molds, and what situations, pose serious health risks to people in their homes. There is no debate, however, among tenants who have suffered the consequences of living amidst (and inhaling) mold spores.

Keep in mind, however, that most mold is not harmful to your health for example, the mold that grows on shower tiles is not dangerous. It takes an expert to know whether a particular mold is harmful or just annoying. And it's very tricky to find out whether a person who has been exposed to mold has actually inhaled or ingested it. New tests that measure the presence of a particular mold's DNA in a blood sample are the only way to know for sure whether the mold is present in the body.

Landlord Liability for Tenant Exposure to Mold

With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations. Below is a discussion of the few states and cities that do have mold laws, and an explanation of how landlords can be held responsible for mold problems even absent specific laws governing mold.

Federal Law. No federal law sets permissible exposure limits or building tolerance standards for mold.

State Laws. California, Texas, New Jersey, Indiana, and Maryland have all passed laws aimed at developing guidelines and regulations for mold in indoor air.

For example, California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Services (DHS) to set permissible levels of indoor mold exposure for sensitive populations (like children, or people with compromised immune systems or respiratory problems). The California law also allows DHS to develop identification and remediation standards for contractors, owners, and landlords and requires landlords to disclose to current and prospective tenants the presence of any known or suspected mold. To date, the DHS has not published its findings.

Similar laws are sure to develop in other states.

Local Laws. A few cities have enacted ordinances related to mold. For example:

• New York City. Landlords in New York City must follow Department of Health guidelines for indoor air quality.
• San Francisco. In San Francisco, mold is considered a legal nuisance, putting it into the same category as trash accumulation or an infestation of vermin. Tenants (and local health inspectors) can sue landlords under private and public nuisance laws if they fail to clean up serious problems.

The Landlord's Duty to Maintain Habitable Premises

Even if your state or city doesn't have specific mold laws, your landlord may still be liable for a mold problem in your rental.

Mold caused by a landlord's failure to fix leaks. Landlords in all states but Colorado and Arkansas are responsible for maintaining and repairing rental property, and this extends to fixing leaking pipes, windows, and roofs the causes of most mold. If the landlord doesn't take care of leaks and mold grows as a result, you may be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem. (To learn more about the landlord's duty to repair, read Nolo's article Renter's Rights to Privacy and Repairs FAQ.)

Mold caused by tenant behavior. The liability picture changes when mold grows as the result of your own behavior, such as keeping the apartment tightly shut, creating high humidity, or failing to maintain necessary cleanliness. When a tenant's own negligence is the sole cause of injury, the landlord is not liable.

Mold clauses in leases. Some landlords include clauses in the lease that purport to relieve them from any liability resulting from mold growth. At least one court (in Tennessee) has refused to enforce such a clause, ruling that to do so would be against public policy. More cases from other parts of the country are sure to arise as mold litigation makes its way through the courts.

A smart landlord will try to prevent the conditions that lead to the growth of mold and you should be the landlord's partner in this effort. This approach requires maintaining the structural integrity of the property (the roof, plumbing, and windows), which is the landlord's job. You can help by following some practical steps and promptly reporting problems that need the landlord's attention.

These preventive steps will do more than decrease the chances that mold will begin to grow. If you have asked for them in writing and included the underlying reason for the request, you'll have good evidence to show a judge if a landlord refuses to step forward and your possessions are damaged or you are made ill by the persistence of the problem.

Take the following steps, which are especially important if you live in a humid environment or have spotted mold problems in the past:

Before you sign the lease. Check over the premises and note any mold problems; ask the landlord to fix them before you move in. Check with the prior tenant, if possible, and ask if there were problems with moisture and mold.

Practice good housekeeping. Recognize the factors that contribute to the growth of mold and take steps to discourage it. In particular:

• ventilate the rental unit
• avoid creating areas of standing water for example, by emptying saucers under houseplants, and
• clean vulnerable areas, such as bathrooms, with cleaning solutions that will discourage the growth of mold.

Report signs of mold. Immediately report specific signs of mold, or conditions that may lead to mold, such as plumbing leaks and weatherproofing problems.

Ask for appropriate repairs or clean-up. Ask your landlord to perform repairs and maintenance needed to clean up or reduce mold for example:

• request exhaust fans in rooms with high humidity (bathrooms, kitchens, and service porches), especially if window ventilation is poor in these areas
• ask for dehumidifiers in chronically damp climates, and
• reduce the amount of window condensation by using storm windows, if available.

To get more practical tips for discouraging the appearance of mold in residential settings, check out the Environmental Protection Agency's website, at www.epa.gov type "indoor air quality" in the search box).

How to Clean Up Mold

Your first response to discovering mold shouldn't be to demand that the landlord call in the folks with the white suits and ventilators. Most mold is relatively harmless and easily dealt with. Usually, a weak bleach solution (one cup of bleach per gallon of water) will remove mold from nonporous materials.

You should follow these commonsense steps to clean up mold if the job is small. Use gloves and avoid exposing eyes and lungs to airborne mold dust (if you disturb mold and cause it to enter the air, use masks). Allow for frequent work breaks in areas with plenty of fresh air.

• Clean or remove all infested areas, such as a bathroom or closet wall. Begin work on a small patch and watch to see if you develop adverse health reactions, such as nausea or headaches. If so, stop and contact the landlord, who will need to call in the professionals.
• Don't try removing mold from fabrics such as towels, linens, drapes, carpets, and clothing you'll have to dispose of these ruined items.
• Contain the work space by using plastic sheeting and enclosing debris in plastic bags.

People with respiratory problems, fragile health, or compromised immune systems should not participate in cleanup activities. If you have health concerns, ask for cleanup assistance. You may want to gently remind your landlord that it's a lot cheaper than responding to a lawsuit.

For more information on how to clean mold, check out the California Department of Health Services' publication, Mold in My Home: What Do I Do? (you can get this publication from the DHS website at www.cal-iaq.org click on "mold" for a list of publications and helpful websites).

Testing for Toxicity

If you discover mold on the property, should you test it to determine the nature of the mold and its harmfulness? Most of the time, no. You and the landlord are much better off directing your efforts to speedy cleanup and replacement of damaged areas. Knowing the type of mold present and whether it produces toxins will not, in most cases, affect the appropriate method of cleanup.

Properly testing for mold is also extremely costly. Unlike detecting lead paint by using a swab kit, you cannot perform a reliable mold test yourself. (Over-the-counter kits, which cost around $30, provide questionable results.) A professional's basic investigation for a single-family home can cost $1,000 or more. And to further complicate matters, there are relatively few competent professionals in this new field and no state or federal certification programs for mold busters.

This said, it will be necessary to call in the testers if you contemplate suing the landlord. If you're suing for significant health impairment, you'll need a lawyer. In that event, the lawyer will have the mold tested as part of the "discovery" phase of the lawsuit that period of time when each side gets to ask for and examine the other side's facts. To locate an attorney in your area, visit Nolo's Lawyer Directory, where you can view information about each lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory you can narrow down candidates before calling them for a phone or face-to-face interview.

Insurance Coverage for Mold Damage

If your possessions have been ruined by mold and must be replaced, contact your renters' insurance agent immediately. Your renters' insurance may cover the cost of replacement. Do not expect the policy to cover the costs of medical bills, however you'll need to turn to your own health insurance for that (or, you can sue the landlord).

Want to Learn More?

For additional information on landlord responsibilities and tenant remedies (including preventative measures) for mold and other environmental toxins, get Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo).