Mold Removal: Is it Your Responsibility or Your Landlord’s?

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Mold removal is your responsibility or your landlord’s depending on the cause of mold growth in the apartment. Some states, such as California, have mold laws that regulate indoor air quality and mold and require landlords to provide a written disclosure of current and previous mold problems that they are aware of. These laws don’t impose a special liability on the landlord for mold removal though. Here’s how to know where the responsibility lies when you discover mold:

Violation of Building Codes

The landlord is responsible for mold removal if he is in violation of building codes that can reasonably lead to mold development. Some examples include:

  • Poor ventilation in the bathrooms
  • Inadequate cleaning and drying of carpets after apartment flooding
  • Improper clean-up after a fire

When dealing with your landlord, it’s important to put as much as you can about the mold problem in writing. Refer to any of these code violations or other violations in writing that you suspect is the cause of mold. Ask your landlord to make a “repair” by removing the mold. Failure to do so could result in his liability for charges that you spend to clean it up, and for any mold-related illness that you suffer.

Inhabitable Premises

When you enter into an lease agreement, your landlord makes a promise to keep the apartment habitable. To fulfill that promise, the landlord has a duty to make reasonable repairs. When he doesn’t, it can lead to mold growth, which can make the apartment inhabitable. Failure to fix leaks is a problem sometimes, which leads to mold. Your landlord at that point is responsible for mold removal if he did not fix the leaks per your written request, and in a timely manner. Some examples of leaks that cause mold problems include:

  • Leaky roof
  • Plumbing leaks, especially in pipes behind the walls
  • Window leaks

Your responsibility as a tenant is to make the need for repairs known to the landlord. Make an initial verbal request, but if the landlord doesn’t respond, then you have to follow up with letters. As long as the mold problem is related to the leaks that were not repaired, it’s your landlord’s responsibility to remove the mold.

Unsanitary Premises

You are responsible as a tenant for mold removal if you don’t keep your apartment clean and sanitary. For example, if your tub overflows and you don’t rent the equipment necessary to dry out the carpets or hire a professional to do it, you’ll have to remove any mold that grows as a result. Tenants also engage in other acts that lead to mold growth, such as not “airing out” the apartment often. The landlord can use your security deposit to pay for mold removal, and if that’s not sufficient, bring legal action against you to collect more money if you don’t pay for it willingly.

It’s important to deal with mold removal as soon as you discover mold. The longer the wait, the harder it is to remove it.

4 Responses to “Mold Removal: Is it Your Responsibility or Your Landlord’s?”

  1. January 26, 2011 at 9:21 pm, Suki said:

    It is a really good idea to do a thorough inspection before you move into an apartment and go over responsibilities with your landlord before you sign a lease.

    Reply

  2. July 12, 2012 at 1:05 pm, Anonymous said:

    if u go over all responsibities and do a thorough insection before move in and floods when rains u find out an black mold in walls.board of health involved now an ive been sending certified letters out since last august.now with nowhere to live and all my furniture an clothes an my daughters ruined due to mold what i to do now/when im doin everything i can.i have a lawyer involved an landlord fixing as little as possible.we dont have money to just move away an move on.my 3yr old health is affected now.landlord says i shouldnt moved into basement apartment?having basement apartment doesnt mean it has mold.if remolded rite it would be healthy enviorment

    Reply

  3. October 16, 2016 at 12:04 am, shannoaresca said:

    Mold exposure can actually be dangerous. While not all molds are dangerous, and only a select few are toxic, only a trained professional can properly evaluate your mold exposure issues and address any possible microbial contamination. Plz visit http://www.moldbustersllc.com/mold-inspection/

    Reply

  4. July 19, 2020 at 5:23 pm, Carol Rafferty said:

    I have had a mold problem since the very beginning of my renting the apt. It started in the entrance hallway both sides of the wall. I have been feeling extremely tired ever since. I pointed the mold out to maintenance a few times & they denied the mold. The mold has grown & it is everywhere. It's in my closet, under furniture, a long doors & baseboards & slimy black is coming out of the drain. I keep having to plunge the drain. I told the maintenance & all they do is lie & so does the office manager. I had to get a new doctor, because I most likely have a mold illness. The health care told me the apartment is in violation. I had cloudy water, a minor fire that burned & the smoke of a major fire. I had a heart attack. Haze. Greenish/blackish slimy anchovies looking substance came out of the drain. We have a large sink hole in our back. My kitchen floor cracked completely.. The office wouldn't do a thing about it, until the entire floor cracked. The lied about the reason. This apartment has one thing after another wrong with it. I have discovered 4 cracks, three in the walls & one the entire width of the patio. It looks like black powder mold. The bathroom is a dirty grimy mess three times a week. I clean it until it sparkles.The bathroom should only need cleaning once a week. Something is mighty wrong here. There was a fire, in my apartment, while I was in the hospital & they are trying to blame me. I reported the office manager. She backed off, but now there is an apartment inspection three months early. They know, I was broken in several times & each time they trashed my place & no one did anything, except harass me. I was told to report this to the attorney general & I just might. I just had a heart attack & the stress they cause me raised my BP to 222 & I went right back to the hospital & nobody cares.

    Reply

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