Photograph of mold growing in a Ft. Worth Texas apartment complex.
Mold growth in a Ft. Worth, Texas, apartment

Photograph of a mold problem in a Ft. Worth Texas apartment.
More mold growth in the same
Ft. Worth, Texas, apartment.

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Landlord Legal Liability for Mold Infestation

Is Your Landlord Unconcerned & Uncaring about
Your Apartment, Rental House, or Condominium
Mold Infestation Problems?

Know your rights to live in a habitable rental unit -- and don't give them up. Landlords are required to offer their tenants livable premises including adequate weatherproofing; heat, water and electricity; and clean, sanitary and structurally safe premises. If your rental unit is not kept in good repair, you have a number of options ranging from withholding a portion of the rent to pay for repairs to calling the building inspector (who can usually order the landlord to make repairs) to moving out without liability for your future rent. [courtesy of Nolo Press]

Living in a mold-infested rental unit is certainly not equivalent to living in a habitable rental unit. Landlords have a legal obligation to tenants to provide an environmentally-safe, habitable living space [residential] or work place [office/commercial rentals]. Read about the recent $4 million dollar judgment against a mold landlord.

You should be the one to test first! Because most landlords refuse to pay for mold inspections, mold testing, and mold remediation, the burden of proof is first upon you to document that you are living in mold contamination. Use our low-cost do it yourself mold test kits [with or without laboratory mold analysis] to mold test the air of each room of your apartment, attic, basement, crawl space, and the outward air flow from each heating/cooling duct register for the possible presence of elevated levels of airborne mold spores, in comparison to an outdoor mold control test which you will also do. For more information on mold test kits, please visit: Do it yourself Black Mold Test Kit. With mold test results in your hand [visual and/or mold laboratory analysis], you can make strong complaints to the property owner, manager, local building inspector, and local health department.

Landlords [with mold-infested rental properties] may have potential and substantial legal liability to tenants for such items as: mold damage to tenants' health, medical bills for medical mold diagnostic and treatment procedures, loss of earnings because of mold problems, mold damage to tenants' clothing and personal possessions, moving expenses, higher rent differential if the tenants need to move to a mold-safe place, and for any tenant-paid expenses for mold inspection, testing, and remediation of the rental unit. Landlords and tens should both seek out the advice of an attorney who specializes in landlord-tenant law or in environmental law. Learn all about mold legal liability issues by reading Mold Legal Guide. You also may consider using the Tenant Notices to Landlord about Mold, about which you can read below.

Get both the landlord attention and action that you and your family deserve by using the 3 step[3 separate notices if necessary] after you have documented the mold infestation in your apartment, or rental unit withdo it yourself mold test kits available at a large hardware, home improvement, or safety, or by hiring a Certified Mold Inspector.

Tenant Legal Notices to Landlords about Mold
These three different standard form, copyrighted mold legal notices are ready-to-use. Often, you will only need to complete and mail [certified mail with return receipt requested] the first notice:

Tenant Legal Notice to Landlord: Mold Problems. You simply fill-in your personal information [such as your name, rental property and unit address, your contact details, landlord name and address, and date]. You then attach as a Notice exhibit one of these 3 possible proofs of mold:
(1.a.) your notes from self-observation of mold growth in the mold test kits during the 7 days after the date of testing;
(1.b.) better yet, the written and signed report from the Mold Laboratory analysis and mold identification of mold samples
         collected by you using our mold test kits and/or the Scotch tape lift tape mold sampling technique; or
(1.c.) the best of all, from your Certified Mold Inspector, a written report as to his or her physical inspection
         of your rental unit, along with the written and signed report from the Mold Laboratory, analysis and mold identification
         of mold samples collected by your inspector.

If your landlord fails to comply with the very specific requests in your first legal notice [such as moving you temporarily at the landlord's expense to a mold-safe rental unit; paying for mold decontamination of your clothing and personal property; paying for effective, safe, and professional mold inspection, testing, and remediation; paying for mold medical testing and treatment of you and your family members; and paying for lost wages and salaries resulting from your mold sickness], you can then decide to send your choice of these second and third legal notices [or send the third one after you have already mailed the second one, as may be necessary]:

Tenant Legal Notice To Landlord: Because of Your Failure To Do Mold
Inspection, Testing, & Remediation, I [We] Are Withholding My [Our] Rent

Tenant Legal Notice To Landlord: Because of Your Failure To Do Mold
Inspection, Testing, & Remediation, I [We] Are Vacating

All three legal notices are very strong in impact when mailed via certified mail to your landlord. If you so desire, you can re-type the notices in your computer word processing program in any way you require, add or subtract words and provisions, and have your own attorney customize the notices to fit any particular circumstances or special needs you have that are not covered to your satisfaction in these standard forms. All three notices contain unique clauses that will encourage your landlord to cooperate with you, rather than to resist fixing mold infestation problems.

The price for one set of all three forms is only $15.00. To order, select your choice of payment method below---

PLEASE NOTE: The set of Tenant Legal Notices to Landlord is sold only on a nonrefundable basis because a few customers might photocopy the notices, and then return to us the purchased originals, and ask for an unjustified refund.

When ordering, please specify in your order, or by a separate email to moldconsultant@yahoo.com your desired email address for delivery by email attachment.

Courtesy of U.S. Environmental Protection Agency

Please also read: Legal Liability of Mold Contamination and Mold Health Problems and our new book 300+ page book Mold Legal Guide

10 Steps for Landlords and Tenants to Avoid Mold Problems

Also, please visit Landlord Mold to see before and after photo's of a landlord's painting over mold growth to try to hide the mold growths.

Landlord Legal Liability for Mold Infestation

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