How to get your landlord to fix a mold problem

How to get your landlord to fix a mold problem

We’d like to provide you with a sample letter to landlord for mold repair. If you’ve found mold in your rental house or apartment, your landlord should remove the mold and correct the problem that led to the growth of mold in the first place. For instance, if there is mold on your ceiling due to a leaky roof, your landlord should repair the roof as well as removing the mold from the ceiling. Otherwise, the mold will just come back.

Sample Letter #1

Here is a sample letter to landlord for mold repair, letting the landlord know in writing about the mold. While you can telephone your landlord to tell him about the mold or speak to him about it in person, we recommend following up with a letter. A letter lets your landlord know you’re serious about getting the problem fixed and it provides a paper trail in the event your landlord resists doing the job.

If you like, you can send the letter by certified mail so that you will have proof of delivery. That may not be necessary with a first letter, though. Do make sure you keep a copy of the letter for your records.

We also recommend enclosing photos of the mold. That way your landlord can see the extent of the problem. Taking photographs also gives you proof of when the problem began and how bad it was.

Make your letter short, direct and to-the-point. Give your landlord a date by which you expect a response.

Robert Renter
107 Your Street, apt. 7
Your Town, OH 44902

Lyle Landlord
207 His Street
His Town, OH 44906

Dear Mr. Landlord:

As you know, I phoned you on July 30, 2016, to let you know I’ve discovered mold growing beneath my kitchen sink. I’m enclosing a few photographs so you can see the extent of the problem. I hope you will arrange to have the mold removed as soon as possible, so that it does not spread. Please contact me at 740-555-1234 by August 8, 2016 to let me know when you will coming to address the problem.

Sample Letter #2

And here is another sample letter to landlord for mold repair, in case your landlord has not responded to your initial requests to have mold removed from your rental unit or if you are not satisfied with his response. If you must send a second letter, send it by certified mail. That lets your landlord know you’re serious and also provides proof that the letter was received.

Let your landlord know what action you plan to take with regard to his failure to remove the mold from your rental unit. In some states, you may be able to withhold rent payments until the unit is made livable but don’t threaten to do that – and definitely don’t do it – without consulting an attorney to find out what the law in your state says.

Robert Renter
107 Your Street, apt. 7
Your Town, OH 44902

Lyle Landlord
207 His Street
His Town, OH 44906

Dear Mr. Landlord:

As you know, I phoned you on July 30, 2016, to let you know I’ve discovered mold growing beneath my kitchen sink. Then I contacted you by mail in a letter dated August 1, 2016, asking you to let me know when you would be addressing the mold problem. Since I have not heard from you, I am contacting the My County Department of Health to request assistance in getting the mold removed from my home.

I would like you to contact me at 740-555-1234 to let me know when you will coming to address the problem. I expect it to be done in a timely manner in order to prevent possible harm to my health.

For Help Dealing with Apartment Mold

When you rent a home or apartment, you naturally expect the landlord to maintain the rental unit. You don’t expect to have to pay for mold removal yourself. Even so, you can schedule a free consultation with a mold removal professional. You’ll get documentation of the mold from a professional, along with a written estimate for the cost of the job. You can forward a copy of this to your landlord. To find mold removal professionals offering free consultations in your area, just follow the link provided.

How to get your landlord 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.

Table of Contents

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.

Dealing with mold in your rental property can be a gray area of responsibility. You want (and need) to provide a safe and habitable rental for your renters, but when a tenant reports mold in your property, you may ask yourself who’s responsible for dealing with it?

In most cases, mold forms as a result of poor ventilation or excess moisture in the air or on a surface. Most forms of mold are harmless to the average person, but some people have severe allergies to mold spores. Black mold is one form of the persistent fungi that you should be especially concerned with as it can cause respiratory problems if left unchecked.

Check Your State Laws

When it comes to repairs including mold or any issue that can affect the habitability of your rental, make sure to check your state and local laws to determine the required course of action. Keep in mind that there’s no federal law that mandates cleaning up mold in a rental unit.

The absence of a law doesn’t mean you’re in the clear if you fail to respond to a mold complaint. The implied warranty of habitability puts the landlord on the hook if the mold constitutes a genuine hazard and property defects have caused it. However, landlords aren’t liable for mold caused by neglect from tenants.

How to Respond to a Tenant’s Maintenance Issue

It’s important to take respond promptly to any maintenance request, especially a mold problem. Many mold species (like black mold) can create a serious health risk, and most of the time there’s much more mold growing out of sight, like behind a wall or in a vent.

Besides causing health problems, mold also indicates possible issues with the rental unit that need immediate correction. For example, a large patch of mold on the wall could indicate a slow plumbing leak or a roof leak that you need to fix as soon as possible.

If you get a complaint about mold in your property, inspect the area in question right away, whether that’s on your own or by a professional. The sooner you get eyes on the problem, the sooner you can assess how serious it is and the proper course of action.

How to Test for Mold

Testing for mold can be done with an at-home test kit from most hardware stores or by a professional. Most DIY mold tests will only tell you if mold is present on a surface, which is useful if the space in question is musty or stays damp without any visible mold. If you want to know exactly what type of mold species you’re dealing with, you’ll have to send the test in for a lab analysis.

A professional mold inspection will be more expensive, but you’ll get a better idea about where the mod has spread. As an added bonus, most professionals will be able to tell you what type of mold is in your property without waiting for lab results.

How to Clean Up Mold in Your Rental Property

Even if the problem is just a few colonies, not an uncommon problem, you need to neutralize the mold to keep it from spreading. If the mold is caused by tenants’ behavior, remediation is up to them. For smaller infestations, start by cleaning the affected area with soap and water. Bathroom tile and grout can tolerate stronger chemicals. For walls, mix one part bleach with three parts water and apply to the wall with either a damp sponge or spray bottle and let sit for 10 minutes. Larger mold problems are best left to the professionals, especially when the mold is a side effect of a leaking roof or other structural issues that have let excess moisture enter the property.

Regardless of who is at fault, if it’s within your budget to improve the situation and prevent another mold problem, it might be in your best interest. Mold tends to worsen when left unaddressed, and it’s your property that’s at stake.

Who Is Responsible for Mold?

Deciding who’s at fault for the mold problem in your rental can be difficult sometimes. In some cases, tenant neglect is a major factor, and in others it’s a lack of maintenance that would typically be handled by the landlord. Sometimes it may be a combination of the two. For example: The bathroom doesn’t have enough ventilation, so mold grows on the walls and floor. Tenants could control this by leaving the door and windows open or wipe down the walls. Alternatively, the landlord could install an exhaust fan.

If the mold issue is clearly a case of lack of upkeep by the tenant, or a failure to maintain a certain level of cleanliness that is expected and required in the lease, then the tenant may be responsible for fixing the issue. If the mold resulted from a leaky roof, poor construction, or a lack of ventilation in a space that could not be cleaned adequately by the tenant, the landlord will probably be on the hook.

Responsibility to Disclose a Mold Problem

A persistent mold problem constitutes a hazardous condition. Federal law doesn’t require you to disclose a problem with mold in the property to potential renters, but some states do, including California and New York. Check your local statutes if you aren’t sure about your disclosure responsibilities.

You could possibly be liable even if the state doesn’t require disclosure. A court could interpret foreknowledge of a hazardous condition caused by mold, and the failure to correct it, as a violation of the habitability warranty. If you know about a mold problem in your rental property, disclose it in writing and have tenants sign off on the disclosure before they move in.

Mold can cause some serious headaches for both tenants and landlords. If you receive a complaint about mold in your property, it’s time to act fast. If you’re dealing with a small infestation, a good cleaning and potentially a better ventilation situation should be all you need to fix the problem. If you’re looking at a large-scale infestation or the presence of black mold, it might be time to call in the professionals. If mold is a persistent problem in your property, it’s best to disclose this to tenants before they move in, then you can get to work fixing the problem.

Your landlord may not be responsible to help you get rid of mold, but if he is, then you have legal remedies at your disposal. The presence of mold in an apartment that is not removed poses a serious health risk, especially for children. You should work with your landlord to resolve the problem, but ultimately you may have little choice but to move out. Here’s what to do when you don’t get the help you need:

Make Sure It’s Your Landlord’s Responsibility

Before you take any action, you have to make sure that it’s your landlord’s responsibility to get rid of mold in the first place. He is not responsible if you caused the problem. For example, if you allowed high humidity to accumulate in the apartment because you failed to ventilate it, then you caused the mold growth and are responsible for its removal.

If the apartment has poor ventilation, such as in the bathroom where it can get very humid, then your landlord is responsible for a building code violation which led to the mold problem. When your landlord fails to make the repairs necessary to keep the premises in habitable condition, such as fix leaks, then your landlord has to get rid of the mold.

If you do something or don’t do something that leads to mold, including notifying the landlords about the need for repairs, then you cannot legally compel the landlord to help you get rid of mold.

Negotiate with Your Landlord

Don’t rush to file a legal case against your landlord without first trying to negotiate with him. Your landlord may be acting out of ignorance of the laws and his responsibility, and a little education from you may be all that’s needed. At the same time, you don’t want to hold out too long to hope that your landlord will change his mind, because mold is a serious health issue. You’ll know when it’s time to stop negotiations and move to the next level based on your landlord’s response.

When negotiating, calmly speak with your landlord about the problem and ask him to resolve it. Follow up with a letter thanking him for his review of the matter, and summarize what he said he would do or wouldn’t do. If he refused to help, explain in the letter why it’s his responsibility to get rid of the mold, the potential health risks you face as a result and your options to pay for it and seek damages from him or to move out until the problem is resolved.

File a Lawsuit

If you’re not getting anywhere with your landlord, then filing a lawsuit in court is probably your best option. Your attorney can continue the negotiations, or if you’re representing yourself, you can try to settle. Some state laws allow you to withhold up to one month’s rent prior to filing a lawsuit, but you should consult with an attorney so that you don’t end up liable for damages. You can ask the court for an injunction, a court order, that forces the landlord to get rid of the mold and money to pay for a temporary place to live until the mold removal is complete.

When you bring a legal action against your landlord and he loses, you can often ask the court to award you money to pay your legal bills. Keep that in mind as you weigh your options for how to deal with your landlord.

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2 Responses to “What to Do When Your Landlord Won’t Help You Get Rid of Mold”

July 12, 2012 at 1:00 pm, alicia gotimer said:

9 months ago me and my daughter moved into an apartment with many health concerns i found out.weichert realtors we found an 130 central street apt 7b.were now homeless because of the lack attention from landlord rob jordan to make right the mold and mildew that caused my 3yr old health problems including chronic cough an breething problems.i suffer from fatique,migrains an number of other things.the 2bedroom is now justthe living room and kitchen due to bedrooms mold an flooding.very frustrating when landlord is ignoring

October 24, 2016 at 2:44 pm, Shirley Soto said:

My family and I live in a house that is full of black mold. A week after we moved in, I was planting some bulbs in the front yard, and the lady next door came over and said that the house is full of mold. We asked the landlord, and he said there wasn’t any mold. Well it’s been 9 months now, and I was looking for something I lost behind my bed. When I moved my bed, there was mold on my fitted sheet, the side of my bed,on the wall behind my bed, my shoes in the closet, even inside one of my purse’s hanging on a hook on the wall. I lifted up my mattress, and there was mold on the bottom of it too. I began to look in other areas in the house, and noticed more black mold on the wooden part of the window in my bathroom. There is also some on my coffee table forming on the base. I noticed it when I was looking through the glass. ?. Well we decided that we were going to put the rent money in escrow, and then ask him to do something about it. He lied to us 9 months ago. And has been taking my money for too long. Now he’s got to do something about it. You know I was wondering why I keep coughing and don’t smoke. I was wondering why I have a rotten smell when I breathe. I was also wondering why I kept Hawking up green mucous all the time.

“My Landlord Won’t Fix My Mold Problem”

Over the years, one of the re-occuring situations that we see is landlords and tenants having disputes over mold. Both landlords and tenants come to us and request and inspection to either prove the other person wrong or figure out what needs to be done to fix the problem. We would like to start this article by saying the same thing that we tell clients in this situation looking for advice. MI&T is not a legal service and any advice we give is simply an opinion based on past experiences we have had. If you find yourself in a dispute with your landlord or tenant, please check your states laws on rights that you have in order to make a sound decision and avoid consequences that you may not like.

How to get your landlord to fix a mold problem

With that being said, our mold testing services do offer a lot of value to people that find themselves in this type of situation. First and foremost, bringing in an inspector to evaluate the property can act as mediation. Arguments about indoor mold growth are usually the tenant claiming there is a problem and the landlord saying there isn’t. Whenever there is a dispute where it is one person’s word against another, an unbiased third party can help. Not to mention after the inspection is complete and samples are analyzed, there will be concrete evidence proving whether or not a problem exists. Most of the time this offers a peaceful resolution and causes the other party to give in. Either the tenant stops claims about mold causing problems after an expert says there is not elevated conditions, or the landlord agrees to pay for the recommended repairs. Once again this is not legal advice, but we have seen the method below work very well. Email is recommended over phone calls so you have documentation of everything.

Write Email to Landlord expressing your concerns and request having a mold inspector come out to perform testing. Mention that MI&T does not perform mold removal so there is no risk of the inspector trying to exaggerate problems.

If Landlord does not comply, take it upon yourself to hire us and perform the assessment. You may wish to send another email explaining you are doing so and mention that you plan to deduct the cost of the inspection from next month’s rent in the event a mold problem is in fact present.

If results indicate a problem, present the report to them. 19 times out of 20 this will be enough to get them to address it properly.

On the off chance your landlord still wants to ignore the problem, you now have proof of the issue and will have more of a leg to stand on if you withhold rent or break a lease.

Unfortunately, we do run into situations when the landlord or building manager refuses to make repairs even after an inspection has proven a problem exists. This is where things can get a little hairy. If you find yourself in this type of situation, we highly suggest that you get the advice of an attorney or someone familiar with state laws prior to making any drastic decisions. You need to find out what rights you have and go from there. Are there any laws about mold and inhabitable conditions pertaining to breaking a lease? Do you have the right to withhold rent? If you live in a building, are there other units experiencing similar problems? These are all things that you should find out before taking the next step.

How to get your landlord to fix a mold problem

If your dispute goes far enough that it ends up in a courtroom, having an inspection complete with mold testing is crucial in terms of being taken seriously. Unless you show up with evidence of what you are claiming, your argument will hold zero weight in court and you will lose. If necessary and requested, an inspector from MI&T can serve as an expert witness and explain their findings from the inspection performed.

If you find yourself in a situation like this and would like to use our service in an attempt to mitigate the situation, give us a call at 855-600-6653.

Learn how to write a request letter to your landlord for repairs and why it’s important to document the request

Dealing with a maintenance issue at your home or apartment can be frustrating, especially if it’s a problem that impacts your ability to live comfortably. When you need a repair handled, it’s always smart to submit the request in writing. Follow this handy guide and sample to put together your own request letter for repairs or maintenance.

Why put a maintenance request in writing?

Landlords and property managers may be juggling requests from multiple renters or even running between several properties that they own or manage. Simply asking your landlord to handle maintenance or repair tasks might seem like the easiest way to do it, but it’s also the easiest way to forget about your request when they’re handling other tasks. Many landlords and property managers even require requests to be submitted in writing so the written request can be filed or reported through the system they use to handle requests.

Submitting a request letter for repair and maintenance services ensures that it goes to the right person and that your request is documented. If the problem isn’t addressed in a timely fashion, your letter is proof of when you made the landlord or property manager aware of the issue. Should you need to track the problem for legal purposes, your dated letter is an important piece of evidence in the process.

How To Write a Maintenance Request Letter

When writing a maintenance request letter, include as much detail as possible. Describe what’s happening and how the problem occurs so that the person performing the repair can recreate it if needed. This information can also help them better diagnose the issue or prepare to fix it before even coming to the unit. Examples of issues you might need to be resolved include:

  • A leaky faucet
  • A broken washing machine
  • A sliding door that’s come off of its track
  • Kitchen appliance not working

Maintain a professional and polite tone when writing a request. Depending on the severity of the problem, you may have to wait several days for the repair to occur, so be patient. If the need is urgent or threatens your safety, request immediate service. Examples of urgent repair needs include:

  • Broken pipes or plumbing problems that cause flooding
  • A security threat, such as a door that won’t lock
  • The presence of harmful gases, such as carbon monoxide

Where To Submit Your Request

Your lease agreement for the unit should outline who to contact for maintenance and repair requests. If you’re renting directly from an owner, they may handle the requests themselves and ask you to send them an email. When you rent an apartment in a complex or community, the process may be automated through an online portal. If you do submit your letter through an automated system, be sure to save any auto-response you may receive and a copy of the submission form for your records.

If you’re dealing with a major issue that impacts your safety, such as a gas or water leak or non-functional HVAC system, reach out to your point of contact via phone to let them know the urgency of the situation. Check your lease agreement for contact information for an emergency situation, and save that information where it’s easily accessible. Then, follow up any verbal communication with a written request eihte rsent into the mail or emailed.

Sample Repair Request Letter to Landlord

You can use this sample letter to a landlord for repairs, filling in your own information and any details about the problem you are experiencing in your unit.

Laura Thompson
123 Main Street #17
New York, New York 01100

September 9, 2020

Roger Peterson
345 State Street
New York, New York 01100

Dear Mr. Peterson,

I am writing this letter to request a repair within my apartment. The lock on the window facing east in the bedroom is broken, so I am no longer able to lock it when I go to bed at night or leave the apartment, creating a security concern for myself and my possessions.

On September 1, 2020, I spoke with Rhonda in the apartment office about this issue and am following up on this request with a formal letter.

Please arrange for this repair to be made as soon as possible. I am available at 505-789-0123 or [email protected] if you need to contact me with questions or to make arrangements for someone to come into the apartment and perform the repair. Please keep me updated as to the timeline for this repair request.

Thank you for your attention to this important matter.

Using sample letters to landlords for repairs helps ensure that your request gets taken care of in a timely and professional manner. Looking for a new place? Be sure to check out thousands of apartments for rent on Zumper.

Staying on top of property maintenance should keep your rental mold-free, but if the spores strike, act quickly to prevent mold growth, property damage and health problems.

How to get your landlord to fix a mold problem

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How to get your landlord to fix a mold problemMold: You hope you don’t have it, you can’t always see it, but you can’t ignore it. What you can do is take steps to prevent and eliminate mold if those nasty little spores start appearing in your rental property.

There aren’t any set legal limits for maximum exposure, but there have been numerous cases of tenants suing their landlords for damages and health problems caused by the presence of “toxic mold” in the unit. Renters haven’t always won these cases, but the legal costs and hassle can cause headaches either way — and responsible landlords should ensure that their properties are safe and comfortable for their residents.

It’s worth your time to examine your property for mold and take measures to prevent its growth.

How and where does mold grow?

The combination of moisture and nutrients provides the perfect environment for mold growth. It usually grows as a result of poor ventilation or structural weakness that allows water to seep in from the outside. Different types of mold grow on different materials, such as carpet, water pipes, cardboard boxes or ceiling tiles. Humidity and warmth provide ideal growing conditions for the organism. Not all mold is harmful — the mold on your bathroom tile, for example, isn’t a health concern. Discoloration and musty odors are usually a sign to check for mold in your property.

What damage does it cause?

If mold grows undetected, it can cause stains and discoloration on the carpet, walls, fabric or any other surface it’s growing on. If you ignore it, it could ruin these materials as well as cause wood rot and disintegration. The major concern about toxic mold, though, is that it can cause health problems. Mold releases spores and chemicals that can trigger allergic reaction or illness in occupants. While the severity of the reaction depends on the type of mold and degree of exposure, those with weak immune systems, such as the elderly and young children, are usually the most at-risk.

How do you get rid of it?

Prevention is the best solution, but if you do find mold growing on your property and it appears to be a small-scale problem, try cleaning it with unscented detergent and water. Wear rubber cleaning gloves, protective goggles and a dust mask to protect yourself from spores, and stop if you develop nausea or headaches. Make sure the area is well ventilated post-cleanup, or the mold will return. Dealing with a larger mold problem, recurring mold, or a very damp apartment is best handled by a professional.

What is your responsibility?

Mold is present everywhere, but it doesn’t become a problem until you give it an environment to grow in. Make sure your property is well ventilated, and educate your tenants about mold prevention. Give them advice on how to regularly clean vulnerable areas such as bathrooms, and have them alert you as soon as they notice moisture buildup or leaks. Get the problem taken care of quickly to prevent mold growth. If your tenant reports the presence of a mold problem and you fail to act, it could get you in legal trouble as well as potentially cause serious health problems.

Mold or not, it’s the landlord’s responsibility to ensure that the property is habitable. Under the law, you’re required to maintain the property for your tenant and make necessary repairs such as fixing broken windows, leaky pipes and roofs. Neglecting to make those types of repairs is often what leads to mold growth, so as long as you stay on top of property maintenance, your rental should stay mold-free.

What to Do When Your Landlord Won’t Help You Get Rid of Mold

  1. Make Sure It’s Your Landlord’s Responsibility. Before you take any action, you have to make sure that it’s your landlord’s responsibility to get rid of mold in the first place.
  2. Negotiate with Your Landlord. Don’t rush to file a legal case against your landlord without first trying to negotiate with him.
  3. File a Lawsuit.

Additionally, can I sue my landlord for mold? It means renters can sue their landlords over failing to properly maintain their properties if they are deemed ‘unfit’ to live in. Landlords can now be taken to court over 29 hazards including inadequate ventilation and light and serious mould and damp caused by structural problems.

Likewise, people ask, can I refuse to pay rent if there is mold?

A mold problem at a rental property doesn’t automatically trigger free rent for all tenants. Also, although both repair-and-deduct and rent-withholding laws vary by state, a tenant generally is required to first tell you about a mold problem and give you a reasonable amount of time to address it.

Who do I report mold in my apartment to?

To report a mold problem in your apartment or common building areas, call the NYC Dept of Health at 311 (or directly to the DOH’s Office of Environmental Investigations at 212-442-3372.) You can also report mold and any chronic leaks from pipes, improperly working drains, or roof leaks, to the NYC Dept.