Mold in a Rental Property: Who’s Responsible?
This article is a guest contribution written by Jules Ericson at Five Star Property Management in Pocatello
Mold beneath bathroom flooring tiles.
Mold is a fungus that grows in various environments and on almost any kind of material. There are several types of mold, and they play crucial roles in many natural processes. But sometimes, certain types of mold can be a problem.
Toxic mold is a huge issue when it grows in the home. If that home is a rental, mold growth means double trouble. That is because someone has to pay to solve the problem. Should the landlord pay for mold removal, or is it the responsibility of the tenant?
Why is Mold a Problem?
The main issue with mold in a rental property is that the fungus compromises the indoor air quality. That happens because the fungus releases mycotoxins, and spores into the air in the home.
These materials cause a range of health problems: coughing, throat irritation, sneezing, wheezing, chest tightness, blurred vision, dizziness, nausea, itchy or watery eyes, runny nose, and tiredness. They also compound the difficulties of people with allergies and respiratory conditions.
Also, the Volatile organic compounds (VOCs) emitted by mold have a terrible smell which can make the home or parts of it unpleasant. Lastly, mold will ruin the aesthetics of the house and destroy any item it grows on.
What Causes Mold to Grow?
Since mold spores are almost always present in the air, mold will grow in any place where the conditions for its survival are favorable. These include; excessive condensation, poor ventilation, limited sunlight exposure, mild temperature, and an organic food source.
Since these conditions can exist in almost any part of the home, mold will often grow:
On bathrooms walls and floors
Under the kitchen sink
Beneath floor and ceiling tiles
Underneath wallpaper and inside the drywall
Inside window sills
In the drains and pans of appliances
Under carpets and foot mats
On paper, wood, leather, lumber, and fabric
If an item contains organic materials and is in an area of the home that is dark, cool, poorly ventilated, and slightly damp, mold could grow on it. When there is mold in any part of a rental property, who should bear the burden of removing it?
Mold, and Landlords’ Responsibility to Tenants
As far as mold is concerned, landlords have three primary responsibilities to their tenants.
The landlord is responsible for providing a safe rental. You should remove health hazards before handing over the home to tenants. After the tenant moves in, the landlord must continue maintaining the house in a safe and habitable state. That means the landlord should ensure the home is mold-free before renting it out.
Secondly, landlords have a responsibility to disclose a recurring mold problem to prospective tenants, even when they are doing something to mitigate the problem. Some states require this, while others don’t. Regardless of the state’s law, if a tenant is harmed by mold and the landlord knew of the problem but did not inform the tenant, the landlord could be liable.
Thirdly, if tenants report the presence of mold in a rental, the landlord must remove the fungus immediately. It is the landlord’s responsibility regardless of whether the problem is a common issue in the rental or a new problem caused by the tenant’s behavior.
Who Pays for Mold Removal?
After the landlord has removed the mold, the owner may then address the cause of the problem. Mold can grow if the landlord fails to maintain a rental or due to the tenant’s habits. For instance:
If there are persistent moisture issues in a home due to the landlord’s failure to address leaks, mold will grow. You will often find this kind of mold in areas of the house where the pipes, roof, or windows leak. If the problem originated from any of these sources, the owner must bear the cost of mold removal.
A tenant can also be responsible for mold growth in a rental. The individual may fail to clean the home properly or keep rooms well-aerated. They may also permit areas of high humidity within the home. Additionally, tenants may store their belongings in a way that allows mold to grow. If this is the case, the tenant must pay for mold removal.
But how can landlords avoid disputes with tenants over this problem? They must create clarity and transparency by:
Doing a proper walkthrough of the home (with the tenant) at the start of the lease
Maintaining records documenting the history of mold issues in the home
Including rules for dealing with mold in the lease agreement and explaining the terms to tenants
Finally, landlords should bear in mind that keeping a rental free of mold is really about protecting their business more than it is about making a tenant happy. When landlords realize this, they will be more proactive in handling mold in their rental properties.
