Housing codes as well as landlord-tenant laws protect you as the tenant. The question is – what do you do if you find mold in the property you are renting? Are you responsible for fixing the problem or is your landlord? If you are currently renting a property, this information can be helpful to have.
Is Mold In The Home a Big Deal?
Before you realize you have mold in specific areas, you could suffer from several symptoms. Mold allergies can affect you with a post nasal drip, a cough, dry or scaly skin, a runny or stuffy nose, and watery or itchy eyes, throat, or nose. If you experience any of these issues, it is essential to visit your physician for a checkup. If it is mold causing the problems, the landlord will also be responsible for your fees incurred as damages. Basically, this means the landlord has to pay any medical expenses your insurance won't cover that resulted from the mold.
Are There Laws Regarding Mold?
Some states have established housing codes setup which are also known as sanitary or property maintenance codes. Health agencies and local housing units address conditions for rental properties.
Create a Paper-Trail
Contacting the landlord is a vital first step whether it is by phone or email correspondence for problems in the home because of mold. If a phone call is made to the landlord, it is essential to back up the call in writing in case you have issues and the landlord refuses to respond.
If there is no reply, you should use a certified letter to state the problem. Provide a deadline, and if no response is received, send another letter.
Take Pictures
The saying "a picture is worth a thousand words" definitely applies to this scenario. Documentation of the issue is crucial – so always take a few pictures of the mold problem. Make copies of the pictures, note when they were taken, and consider sending pictures of the mold problem with the certified letters you send to your landlord.
Have the Tests
As a tenant, if you have become ill from the mold, you can receive compensation and damages, but you must have proof of what has made you sick. You should go to your doctor for proof. Your doctor can perform tests to determine if mold is making you sick.
You can also have the actual property inspected and tested for mold. Again, make sure you keep all documentation. If you pay to have the home inspected, keep the bill as well. Your landlord would also be responsible for compensating for the bill if the home does, indeed, have a mold problem.
If you do find mold in your home, and the mold is not a problem you caused, the landlord would be responsible for paying to fix the issue. The mold would only be a problem you caused if you purposely let moisture build up around the home or left water standing somewhere on the property.
Can The Landlord Be Sued?
Your landlord is responsible for removing the mold from the property. If your landlord does not make arrangements to have the mold removed, you do have a right to sue the landlord for damages. If you have a moldy home and a landlord who refuses to cooperate, reach out to a real estate attorney for help.
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