Mold inspection during a tenancy isn’t always the landlord’s responsibility which depends on some factors. According to United States law and house inspection statements, landlords have some crucial duty to their tenants. The Foremost duty of landlords is to Maintain the home or unit in habitable circumstances, including mold remediation if mold is present.
Although there is no law in the United States for mold disclosure, most states have different rules. For example, California doesn’t have any laws concerning landlord responsibility for mold removal and remediation. When the landlord is aware of a large mold in the rental home, providing a written disclosure is required. This regulation is implemented when that amount of mold may cause a health threat to the tenant. Mostly, in this situation, a professional mold inspection and testing or mold inspectors can solve the most issues.
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There is mold in the rental home; should the tenant have an inspection for mold?
Tenants have duties to keep the renting house or apartment clean without molds in a sanitary condition. But if mold issues become apparent and visible, it’s the tenant’s responsibility to notify the landlord as soon as possible. It’s important to note that mold inspection and testing aren’t the tenant’s duty.
If the tenant ignores the mold issue and doesn’t notify the landlord, then a problem will arise from the tenant’s behavior, such as water damage or leak; In addition, it had hidden from the landlord, so it’s possible to find the tenant responsible for all damage so, the landlord isn’t liable to any court for mold detection.
It is notable to consider that each county or judge has different interpretations and laws for liability of the landlord or tenant, totally depending on the circumstances. Most juries use some industry standards to judge better mold inspection responsibility. For example, it will be a tenant’s responsibility if mold is on a furniture surface, shower, tiles, bathtub, window sills, drywall. To put it simply, if you want to rent a moldy house or apartment, first of all, writing a mold disclosure is crucial, especially when the landlord knows that mold is essential. Additionally, it’s necessary to write a mold disclosure; if the mold is hidden.
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How long does a landlord have for mold remediation?
The tenant’s duties are to send a written complaint and notify about mold via e-mail or any other ways to accelerate the mold inspection process.
After a tenant informs the landlord about mold issues; in the renting house or unit, the landlord must answer to the tenant and fix the problem within 30 days from the day that this notification is received. If the landlord doesn’t respond, then the tenant has the right to complain. The tenant can ask the court that forces the landlord to do mold inspection & testing and provide a place for the tenant or pay for a temporary place to live during mold removal.
Some tips for landlords liability for mold :
Generally, landlords are responsible for mold remediation when they don’t pay attention to these factors includes
1- The mold issue hasn’t been caused by tenant behavior
2- The tenant notified the mold problem so, the landlord didn’t get a proper response
3-Tenant immediate payment of the rent at the time of request for mold testing and removal.
Here are some tips for landlords to avoid double mold issues :
1-They should have regular mold inspections to prevent mold issues.
2-They should use mold experts for mold removal or testing if it’s necessary.
3- Every jury has their own opinion different from others. So landlords should always be aware of updates about rules and laws in their area.
In conclusion, both landlords and tenants have mutual duties to each other. If they observe the regulations in their area, they won’t face problems with mold. As an old slang said, prevention is better than cure.
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Sources :
1-Janet, P.Mold in Rentals: Landlord Liability, Responsibility, and Prevention, tenant right to privacy and safety
2-Tracy, M.(2013, Jan 19). Landlord Liability For Mold
https://www.allpropertymanagement.com/blog/post/landlord-liability-for-mold/
3- Chris,D.( 2019,April 23),Are landlords responsible for mold?-cozy blog
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