In negotiations including renting and maintaining homes one issue that often arises pertains to how long a landlord has to address and rectify a mold infestation.
Local laws and rental agreements primarily govern this tenant-landlord relationship and it varies from one jurisdiction to another.
Mold a stubborn contaminant poses a serious health hazard to tenants.
Infestations need to be addressed promptly to safeguard tenants’ wellness and uphold the property’s structural stability.
On the troubling thought is a landlord reasonably aware of a mold resultant problem in their rental unit yet failing to take prompt action consciously breaching their duty to the occupant?
Table of Contents
How Long Should Landlord Fix Mold?
Landlords are obliged to maintain habitable living spaces. This legal duty includes fixing problems like mold infestation.
As such if there is mold in a rental property the landlord is responsible for fixing it.
The length of time a landlord has to resolve a mold issue varies with the severity of the situation. For severe mold infestations landlords are expected to act promptly addressing the issue within 24 to 48 hours to prevent further health risks and damage.
On the other hand for less severe occurrences landlords may be given up to 30 days to remediate the problem. This timeline may differ from one case to the next depending on state and local laws as well as the specifics of the lease agreement.
Mold Disclosure Laws
There are varying state and local legislation pertaining to the disclosure of mold in rental properties. For example in California landlords are required by California Law to disclose the presence of mold to potential renters before a lease is signed.
This mold disclosure is in compliance with the state warranty of habitability laws.
On the contrary fewer states including Texas and New York City have explicit mold disclosure laws or have attempted to set specific mold standards.
Additionally landlords are generally required through federal law to inform tenants of severe health risks a category that dangerous living conditions like mold exposure fall into signaling a national duty to disclose. This is an important consideration when dealing with mold-related health problems.
Tenant Liability For Mold
Tenants are just as responsible for preventing mold infestations in their apartment as their landlords are.
Their duties often include properly ventilating the rental property to prevent excess moisture and excessive humidity which can contribute to mold growth.
In situations where a tenant has caused a mold problem due to carelessness or poor housekeeping the landlord may be able to charge them for the cost of mold removal.
This includes failure to clean up spills or leaks leaving food scraps around or not adequately cleaning the property and promoting an ideal environment for mold spores to multiply.
Mold Remediation Timelines
The time required for a landlord to fix a mold problem can vary in different states and even between cities.
In California for example mold growth that’s visible and can be deemed ‘substandard’ must be remediated within a reasonable time generally assumed to be 30 days.
In contrast New York City Law requires landlords to take reasonable steps to keep premises free from mold and to act promptly in response to complaints.
However if the mold situation presents a real threat to the health of the tenants the mold remediation process should take place as quickly as feasible.
In severe cases landlords may need to address the mold issue within 24 to 48 hours to prevent further health risks and property damages.
Landlord’S Responsibility For Mold Removal
Mold can lead to a toxic environment with potential health risks. Symptoms include redness irritation coughing wheezing and difficulty breathing.
According to California law and similar laws in all 50 states landlords have a duty to provide habitable living spaces.
If there is mold in a rental property the landlord is usually responsible for fixing it. Important to note that such legal responsibilities are not explicitly listed under building codes but can be invoked via premises liability and personal injury law.
Many state and local laws require landlords to disclose the presence of mold in rental units. So before renting out a property it is reasonable to perform a mold inspection.
Uncooperative Landlord Options
If your landlord fails to remove mold you have a few options. First you can contact local housing authorities or a tenants right organization to understand your rights and options.
Written notice detailing the mold problem should be given to the landlord. Following this if immediate action is not taken legal self-help remedies can be employed.
These include options such as repair and deduct where the tenant pays for mold removal and deducts the cost from the rent or withholding rent until the issue is addressed.
- If the mold problem is severe and the landlord still refuses to act the tenant may abandon the property.
- Thirdly the tenant can file a premises liability claim or a lawsuit against the landlord.
Generally landlords are required to act promptly in order to avoid legal disputes and maintain compliance with state warranty of habitability laws.
