A tenant has certain legal rights when a mold infestation occurs. These rights are established by the laws in every state in the U.S. and court decisions addressing landlord and tenant issues.Click here for Mold Inspection
Landlord and tenant laws as well as statutes relating to deceptive trade practices require a landlord to disclose any known defects in property that have the potential of influencing a person's decision to enter into a lease agreement with the property owner. Included, is your right to be advised of the presence of current mold infestations.
Laws vary significantly from state to state about whether a tenant has the right to information about prior mold infestations at the property. In many states, courts have ruled that a landlord does not have to volunteer this information in the first instance. However, if a tenant specifically inquires about prior mold infestations, the landlord must provide accurate information.
If mold infestation occurs after you have moved into the property, the landlord is required to make a diligent effort to remedy the problem. This obligation exists even if the mold infestation was your fault. If it is the fault of the tenant, the landlord will be responsible for fixing the situation, but the tenant can be held responsible for the financial costs associated with resolving the mold problem.Click here for Mold Remediation
Notice to Landlord
In order for you to fully protect your rights, the tenant must provide notice of the mold problem to the landlord. Appropriate notice should be given to the property owner or to the individual responsible for collecting rent.
Fully document the mold infested and damaged areas. Photograph the affected areas and document the date that the problem was noticed. Also, document and date all correspondence with your landlord.
Get Me Outta Here!
If the landlord fails to take action to remedy the mold situation, you have the right to end the lease agreement based upon what is known as a “material breach” by the landlord. You may also have the right to take further legal action against the landlord for other losses incurred because of the mold infestation. Because mold causes health related problems for some individuals, these damages can include medical expenses incurred as the result of dealing with these types of issues. Click here for Health Issues