FAQ: What Are Renter’s Rights When it Comes to Mold?

From the archive of ByebyeMold

A renter asks What Are Renter’s Rights When it Comes to Mold?

Renters rights can be a sticky legal question so first remember that we don’t give legal advice.

It all depends on
1. your contract
2. your local laws
3. what can be proven in court.

The smartest thing to do if you are locked into a mold infested rental is to DOCUMENT everything. Get everything tested so you have tangible proof of the conditions which you can provide to your lawyer, if it comes down to litigation.

The problem is that currently there are no permissible exposure limits or building standards, although some states (california, texas, new jersey, indiana and maryland) are developing guidelines and regulations for indoor air mold. California has, for example, the Toxic Mold Protection act of 2001, which authorizes the DHS to set levels for sensitive individuals. and develop remediation standards for landlords. Landlords in all states (except for Colorado and Arkansas) are responsible for maintaining/repairing rentals including fixing leaky pipes, windows, and roofs. Which happen to contribute to mold.

Although it is the landlord’s duty to maintain habitable premises, bear in mind the landlord can turn around and sue you, because when a tenant’s negligence is the cause of injury, the landlord is not liable and you might end up liable for damages.

If you’re in California, you might want to give us a call and see about getting an assessment from Byebyemold.

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