How Long Does A Landlord Have To Fix Mold

How Long Does A Landlord Have To Fix A Mold Problem?

How long a landlord has to fix a mold problem depends on a variety of factors. When dealing with mold, there are many variables that affect how it is dealt with. The time allowed for a landlord to fix mold issues is largely dependent on where the property is located and how severe the mold problem is.

Begin by checking the severity of the mold problem and seeing if it poses any health issues. Next, research your local state laws to see how long a landlord can wait before resolving the issue. If it poses serious health risks, contact the landlord immediately and tell them it is an emergency.

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Table of Contents

Mold And Its Various Forms
Local Laws
The Landlord's Role
- No Hidden Mold Colonies!
- Ignorance Is No Excuse
- Warranty of Habitability
The Tenant's Role
- Withholding Rent
- Repair and Deduct
- Lawsuit
Mold Caused By The Tenant
Related Questions
- - How do you tell your landlord that there is mold in your home?
  - Can I live in a house that has mold?

Mold And Its Various Forms

There are many different forms of mold and it is possible to find it in almost every part of a home. Many people are accustomed to seeing black mold growing along the grout lines and caulking in showers or other damp areas. Mold has many different faces, however.

Some is green, some is white, and some is gray. You'll find mold that is dry, with a composure similar to dust, as well as molds that take on a slimy consistency. Due to its various forms, mold can be found in virtually every part of a home and can thrive in a diverse range of environments.

How concerned should you be about mold colonies growing in a home? It depends on the type, the amount, and the length of time that it has been allowed to establish itself.

Local Laws

Local laws are the first place that you should look when trying to determine how long a landlord has to fix a mold problem. Each jurisdiction deals with mold in its own way and requires different things from landlords when a mold problem is reported.

Mold laws tend to change based on climate and the types of mold that are common to particular parts of the country. As such, you will see some municipalities assisting tenants with their mold complaints more than in others.

The Landlord's Role

In states that require landlords to keep mold at bay, there are generally two main areas of focus. Landlords should take steps to remove any mold that exists as well as minimize factors that cause mold growth.

No Hidden Mold Colonies!

One thing that most jurisdictions agree on is the fact that landlords are required to inform tenants about the existence of mold. If tenants are not informed, the landlord is subject to possible liability issues.

While there are quite a few reasons for requiring landlords to be upfront about mold issues, one of the primary ones is the health of their tenants. A landlord has no way of knowing whether the mold in a home will have an adverse effect on their new tenants.

As a result, not divulging that information is irresponsible and illegal.

Ignorance Is No Excuse

It is quite common for landlords to claim ignorance of a mold problem when they do not wish to deal with it. This is especially true when the problem is significant and would require excessive time, money, and effort to fix.

In most cases, however, claiming ignorance is the same thing as neglect. And, as with many other issues that landlords are responsible for, neglect is not an option when it comes to mold and the health of their tenants.

Based on that law, mold becomes a major issue once it has reached the point of impacting the safety of any tenants living in a property.

Warranty of Habitability

In many states across the US, there are laws that involve mold as well as other potentially harmful substances around a home. While these laws often do not specify mold, per se, they do pertain to the landlord's responsibility and obligation to provide a safe and healthy domicile to their tenants.

The Tenant's Role

If the mold problem is caused by negligence on the part of the landlord or has come about overtime for reasons other than the tenant, the landlord should remedy the problem. If they refuse, the tenant has the right to take certain steps to protect themselves.

Withholding Rent

In some states that have laws protecting tenants from unchecked mold issues, including New York, renters have the right to withhold rent payments until the problem is solved. This action should be taken cautiously, however.

For this to work out positively for tenants, the courts must agree that the mold is, in fact, making the home uninhabitable. If a tenant decides to stop paying rent too early, the mold problem ends up being too minor, the tenant would be responsible for any back pay and damages to the landlord.

Repair and Deduct

Another popular scheme that many renters utilize is the repair and deduct method. Again, this is best done when the mold problem has created an uninhabitable situation. The way this method works is to fix the issue yourself and then deduct the cost of repairs from the rent.

There are some things to keep in mind when considering the Repair and Deduct route.

The landlord may or may not agree to the necessity for repairs.
The repair cost may have to fit within a certain range in order to be considered 'acceptable cost'.
You will need to prove to the courts that the mold problem was severe and that the landlord refused to help.
There may be a clause in the rental agreement stating that you have do not have the right to enter into a repair and deduct plan of action.
You may need to work with preapproved plumbers and mold removal specialists that are on the landlord's short call list.

If you decide to go the repair and deduct route, it is advisable to communicate your desire with your landlord before taking action. The landlord will often agree to a less costly (for him/her) solution to the problem.

Lawsuit

In extreme cases, the tenant can take their landlords to court and sue them. There are many reasons that a tenant could sue for. Here are a few of the most common examples.

Refusal to repair broken pipes and leaks – especially if it results in a widespread mold infestation.
Medical bills related to mold-inflicted ailments.
Damage to property.
physical and psychological distress caused by the mold problem.

Mold Caused By The Tenant

Mold is not always the landlord's responsibility. While many state laws consider mold to be the landlord's responsibility in most cases, there are instances when the tenant can be included in that responsibility.

Examples include situations when tenants create conditions conducive to mold growth through negligence, and when tenants fail to inform their landlords about the problem in a timely manner. If a mold problem is deemed a tenant's responsibility, the landlord can charge the tenant a fee to cover the removal and repair costs incurred from the solving the problem.

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How do you tell your landlord that there is mold in your home?

How you tell your landlord that there is a mold issue depends on two primary factors: your relationship with your landlord and the local laws.

Many landlords are receptive and will try to find a solution to the mold problem if they are aware of it. A simple phone call is often enough to inform your landlord about the mold problem. Of course, how your landlord receives the news can often depend on local laws.

If you are unsure as to whose responsibility the mold is, check with the health and safety board at your local government.

Can I live in a house that has mold?

In most cases, living in a house with mold and mildew should pose few health risks. However, those with certain sensitivities, like asthma and some allergies, can experience more severe reactions to the mold and mildew.

The amount of mold that exists can also play a role in the safety of the home. When left unchecked, excess mold can lead to elevated risk.

Benjamin Wright

Benjamin is a proud homeowner who loves to write about DIY projects and home improvement projects. Traveling, perfecting his home, and spending time with his family are just a few of the many things that keep him inspired.

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