Mold in Rental Properties
Landlord and Tenant Responsibilities
Mold is an environmental hazard that raises serious concerns regarding health, safety, and habitability issues in rental properties. The presence of mold in a rental property can be a possible threat to tenant health and a potential liability issue for landlords. To minimize risks landlords and tenants should not ignore mold or moisture conditions that would encourage the growth of mold. A key risk management measure requires knowledge of mold issues and the conditions that can create mold problems. With adequate knowledge landlords and tenants can know what to look for regarding mold conditions and take steps to prevent mold or clean up mold before it becomes a problem.
Molds are simple microscopic naturally occurring organisms present in the natural environment. Molds work to break down and digest organic material which is then recycled back into the environment. However, when mold begins to grow indoors, it breaks down building and household materials. The resulting effect can be quite damaging to structures, and, for some individuals, the presence of mold can have a potentially serious impact on their personal health.
Molds multiply by producing microscopic spores that travel back and forth from outdoors to indoors attaching themselves to people, pets, and possessions. The number of mold spores suspended in indoor and outdoor air fluctuates from season to season, day to day, and even hour to hour. Spores are everywhere and exposure to them cannot be avoided. Everyone is exposed to molds on a daily basis and most people are unharmed by their exposure. It is not practical, probably not even possible to eliminate all molds and mold spores indoors.
Mold will grow on virtually any organic substance as long as moisture and oxygen are present. Organic materials such as wood, paper, cloth, insulation, carpeting, or food will be digested by mold.
As the mold grows, the organic material is destroyed. Allowed to grow, mold can cause serious damage to property and furnishings. Molds can rot wood, damage drywall, and eventually cause structural damage to buildings. Mold can cause stains and other cosmetic damage to furnishings. Serious health problems can occur when individuals are subjected to prolonged or high level exposure to mold.
Controlling indoor moisture significantly limits mold growth. Mold does not need a lot of water to grow. A little condensation, in a bathroom or around a window sill, for example, can be enough. Common sites for indoor mold growth include bathroom tile and grout, basement walls, ceiling tiles, areas around windows, floor coverings near sinks, and leaking plumbing and plumbing fixtures. Other common sources of moisture include roof leaks, condensation due to high humidity, sprinkler systems, and floods.
All types of residential and commercial buildings can be affected by mold. Mold growth can be introduced into a building as a result of bad design, construction defects, deferred maintenance, or flooding.
A visual inspection of the rental property is one of the most effective ways to detect a moisture problem and/or the presence of mold. Regular inspections of the property’s exterior and interior spaces can help identify a mold problem or potential problems that could cause mold.
Although visual signs of mold are not always obvious, the musty smell of mold is another way to discover moisture/mold problems. Mold can grow on the hidden surfaces behind paneling and wallpaper; the top of ceiling tiles; beneath carpet and pad; or inside heating and cooling ducts. Attics, crawl spaces, and basements provide many opportunities for mold growth. Areas inside the wall around plumbing or heating/cooling ducts may have condensation that is trapped and causes water damage. Hidden mold growth should be investigated cautiously since there is the potential to release massive amounts of new mold spores into the air causing additional problems.
Priority tasks for the prevention and early detection of mold are to thoroughly inspect all areas of the property for mold growth, determine the source of the moisture causing the mold to grow, initiate clean-up of the affected area, and take corrective action to remedy the moisture problem.
Landlord Responsibilities
It is important that landlords understand the laws that address the issue of mold as an environmental hazard and the regulations that address the issue under landlord-tenant statutes. Applicable laws could include building codes, local ordinances, state statutes, or federal regulations. As of this writing there are no EPA regulations or standards (Threshold Limit Values) for airborne concentrations of mold or mold spores in residential buildings. Governing regulations can vary from state to state or by municipality location. Due diligence on the landlord’s part is required to keep current with applicable laws.
In some states the landlord is required to disclose any hazardous conditions to potential tenants before lease signing. The majority of states hold a landlord responsible under the implied warranty of habitability to provide and maintain rental housing that is fit and habitable. Negligence by the landlord in maintaining the rental property to good condition would be a material violation of landlord responsibilities and obligations under statutes.
Landlords must take all reasonable means to avoid harmful mold growth. A leaky roof, leaking water pipes, inoperative bathroom or laundry room exhaust fans, windows that can’t be opened, or an inadequately designed or poorly maintained ventilation system can be an invitation to a lawsuit.
Landlords should be very concerned about mold in their properties, as they may have potential and substantial legal liability to tenants for such damages. Possible compensatory damages include expenses for (1) medical mold diagnostic and treatment procedures, (2) loss of earnings, (3) mold damage to clothing, furniture, and other personal property, (4) rent differentials when tenants must move to a higher cost mold-safe place, (5) moving expenses, (6) various tenant expenses including mold inspection and testing, (7) remediation of the rental unit, (8) remediation and/or replacement of tenants’ damaged personal property, and (9) jury-awarded punitive damages.
Landlords should utilize proactive prevention procedures and remediate problems as soon as discovered. There are steps that can be taken to limit landlord liability and minimize the possibility of litigation over mold damage to property and tenant health.
Since mold growth is facilitated by excess moisture and moisture control reduces indoor mold growth, some of the many ways to control moisture include:
- Eliminate water leaks by repairing leaky roofs and windows.
- Repair leaking plumbing and plumbing fixtures and control sweating plumbing.
- Maintain caulking associated with showers, bath tubs, and sinks.
- Inspect under-sink shutoff valves, usually hidden from view in kitchen or bathroom cabinets.
- Inspect toilets – wax rings under bowls, seals between bowls and tanks, and shutoff valves.
- Inspect valves and lines associated with air conditioning and evaporative cooling units.
- Be concerned about water-related appliances, including proper venting of clothes dryers.
- Move water away from the building foundation utilizing ground sloping and drainage systems.
- Install gutters and keep them clean.
- Ventilate crawl spaces. Cover over the dirt in crawl spaces with plastic to serve as a moisture barrier from the soil underneath.
- Install and use exhaust fans in bathrooms, laundry rooms, and kitchens. Open windows in these rooms when available and as weather allows.
- Use fans to increase air circulation within the home.
- Move large pieces of furniture away from wall corners and the inside of exterior walls.
- Provide warm air circulation to all areas of the home.
- Open doors between rooms and keep closet doors open to promote air circulation.
- Ventilate areas with fresh air.
- Inspect and maintain HVAC equipment, keeping drip pans clean and the flow unobstructed.
- Watch for condensation or wet spots.
- Prevent condensation by increasing surface temperatures using insulation, increasing air circulation, and/or reducing humidity.
- Keep indoor humidity low, in the 30-50 percent range if possible.
- Use air conditioning and dehumidifiers to reduce moisture in hot, humid climates.
- Use area rugs that can be taken up and washed instead of carpeting that can absorb moisture that will encourage mold growth.
- Avoid installation of carpeting directly over concrete floors.
- Always clean and dry wet or damp spots as soon as possible and always within 48 hours.
- Vacuum and clean household areas regularly.
- Eliminate leakage around windows and doors.
- Avoid cold spots on interior walls by proper placement of ducts.
- Install ceiling fans and consider forced air heating where not already in place, as they increase air movement which inhibits mold growth.
- Perform regular inspections to be sure that tenants themselves are not creating problems by failing to cooperate in using available fans, reporting leaks, etc.
Tenant Responsibilities
A tenant has responsibilities and obligations under state statutes to keep the rental property in good condition. The tenant’s lease agreement may also bind the tenant to certain requirements such as prompt notification to the landlord of moisture conditions requiring maintenance or repair. The tenant would be held responsible to notify the landlord of the presence of mold. Failure to notify the landlord of moisture or mold problems in a timely manner could hold the tenant responsible for clean-up and repairs. Failure to notify in a timely manner could be a material violation of the lease with a possible lease termination. If it is determined that the tenant’s negligence caused a mold problem which resulted in property damage or serious health issues, a landlord in most cases would not be held liable for damages or injuries.
Joint Landlord Tenant Responsibilities
The issue of mold in rentals should be a matter of joint landlord and tenant responsibility in the prevention and remediation of mold and moisture problems.