Mould in my home... legal responsibility?

Question

I rent a 4 bedroom home, just recently renovated. My mother, boyfriend and my daugter and I have lived here for a little over a year. There has been several outbreaks of black mould and I was wondering what sort of legal responsibility does the landlord have?

Answer 1

Each state has a different Landlord-Tenant Act designed to protect the rights of both parties in a rental agreement. You'll have to check with the laws for your individual state to find out specifics.

Landlord-Tenant Acts mandate that the landlord keep the rental premises in a safe and habitable condition, and specify that the landlord is responsible for making repairs, supplying provisions for waste disposal, providing water service, and offering appropriate heating and cooling systems as the weather necessitates. The landlord is also required to maintain any common spaces in an acceptably safe and clean condition. Some states may require the landlord to notify the tenant of particular responsibilities the tenant has, such as maintaining smoke detectors present in the rental unit. The landlord may also be charged with notifying tenants of any health dangers that may be specific to the locality, such as mold.

Answer 2

I LOVE this one! While it "may" depend on what state you live in, I strongly suspect your landlord is legally responsible. Mold is an extremely hazardous health issue; NO ONE will touch it with a ten foot pole but environmental specialists. I own my condo, & for years, my cat & I have suffered what I thought were "perenial" allergies. A friend opened a closet I hardly ever use, & pointed out BLACK mold, (the worst), that had obviously been growing for a few years. He was drawn to it by the "smell." The guys who came out to decontaminate it, remove ALL dry wall & replace, noted the ceiling of the closet had once been replaced, but not the walls. I then remembered major reconstruction in the adjoining bathroom shortly after I'd moved in. The upstairs water heater is directly above, & had leaked on more than one occasion, causing the mold. The whole thing cost me over a thousand dollars & disposing of various tools, etc. kept in the closet. Plus much inconvenience & keeping my cat isolated while it was done. I think you are in luck! I betcha a cookie there is NO state that allows a landlord to ignore such a health hazard. In my case, the owner of the upper condo refuses to accept responsibilty, & my only option is retaining an attorrney. Ha. More money & more stress. Since I'm not charging you a fee (!) you can't sue me for malpractice if I'm wrong, but I'm totally convinced I am NOT. You should get on this at once! It will be very expensive for your landlord to clean contaminated areas, & he/she should NOT then raise your rent to compensate. Owners MUST provide healthy environments, (including plumbing, heating & so on) or they are "slum lords" & dealt with accordingly. You've no idea what mold can do to all of you. I've spent hundreds on the vet as well, trying to determine what was wrong with my cat. I once got a "Landlord & Tenants Rights" book that explained every law, how to proceed, etc., when I was a renter. I didn't have symptoms here, in the first year & a half--but they develop over time, & mold will only get worse & worse.
The owner above told me to go to Home Depot & get a "spray" as if it were as simple as that. Once it gets into the sheet rock, NO SPRAY WILL CONTROL IT. As well as, using such sprays is dangerous in itself. Don't fall for the "spray" trip. BLACK mold is far more dangerous than most people realize. New mold is now growing on the bathroom ceiling, & my only option is to have an environmental hygienist take "samples" to an estimate of about $3,000. to PROVE it's being caused by the upper unit. As I said, I think you're lucky--there are benefits to being a renter.

Answer 3

First of all DID YOU NOTIFY THE LL OF THE PROBLEM. That being said, if you didnt, you are just as responsible. You allowed it to get worse.
A lot of times, mildew is mistaken for mold. Believe it or not, mold doesnt grow as often as you think. Take a cinder block basement. You have heat sources such as furnace, dryer, washer. If it is cold outside, walls get condensation from the difference of temp in the room and the blocks. If left, it will start to get black mildew. Wipe down any condensation. IT IS NOT MOLD. Why? Because it drys. MOLD forms when it is dark and damp or wet., continuously, not just off and on. It continues to form because it cant dry out.
So, before you claim mold, have the LL check it out. Depending on where it is, it could simply be cleaned with a bleach solution.

Answer 4

Your landlord should take care of the problem.

Answer 5

DEPENDS on the cause and if he was aware of the problem ahead of time. ALSO the "mold" problem is OVERRATED ..MOST homes have mold .. only the toxic mold is a problem and that is NOT as common as you think,,,