You’ve found Mold in Your Rental – Who is Responsible?

Mold can be scary and it’s important that it’s dealt with in the right way. This can be made more complicated when you don’t own the house you’re living in.

With home prices continuing to make homeownership less obtainable, rental properties are more in demand than ever. This high demand can lead to uncooperative landlords who know they can find another renter as soon as one packs up and leaves. Knowing your rights is an important part of making sure the home you are renting is properly maintained, especially when it comes to water damage and mold.

Chances are that at some point you will find mold in your home. Whether it’s a bit of harmless growth in the shower or toxic mold growing rampant from an unseen water problem, it’s in your best interest to understand the situation, what you should do, and who is responsible for remediating it.

Common Causes of Mold Growth

Humidity

With multiple residents come multiple showers, multiple loads of laundry, and multiple loads of dishes being done every day. This often leads to high humidity in the house that condensates on walls, windows, and ceilings. This high humidity gives mold the moisture it needs to grow.

Areas that are most susceptible to humidity-caused mold growth are metal window frames, shower grout and caulk, and areas in the room where there is poor ventilation leading to dead airspace.

The best way to prevent a humidity issue leading to mold growth is ventilation and cleaning. Ensuring proper ventilation will keep air moving and will help keep humidity levels within appropriate ranges. Make sure bathroom vents are in good working order and are free of dirt and buildup. If vents are inadequately keeping humidity down, run fans or open windows. Bathroom fans should be run for at least 15min after the shower is complete to ensure that all excess humidity has been removed from the room. More information on proper ventilation is available here.

Mold can only grow on organic material, meaning that if it is showing up on paint, metal window frames, and other non-organic material, it is in fact growing on settled dust and dead skin cells. This can almost always be prevented by consistent cleaning. Vacuum, dust, and wipe down surfaces consistently.

Water Leaks

Water leaks that go unnoticed can lead to devastating mold problems. Make sure to keep a close eye on common household appliances and check for signs of leaking. Common leaking appliances that lead to mold growth are:

Ice maker- often the water line connected to the ice machine in the freezer will leak unnoticed because it is hidden behind the refrigerator unit.
Dishwasher- improper loading, worn-out seals, and wrong dishwashing soap can cause flooding and leaks that will get beneath linoleum, buckle hardwood, and cause unseen mold growth on the subfloor.
Washing machine- improper hookup of drainpipe and overflowing water can lead to mold growth in the wall or on the subfloor.

What to Do if You Notice a Leak:

Document! Note the time and day that you noticed the leak and estimate the time that it has been occurring. Take photos and video of the affected area for your records and to provide your landlord.
Eliminate the source of water immediately by turning off the local source (faucet, handle, machine, etc.) or if this is not possible, shutting off the main water source to the house. (This is typically in the crawlspace or in a closet and you should take the time to find and write down the location in case of an emergency.)
Remove as much of the water as possible using a Shop-Vac and/or towels.
Remove any portable items such as furniture, clothing, etc. so that they can be dried and so that they don’t trap water in hidden areas.
If you see mold growth, the leak has been going on for a while, and the mold will need to be treated. Wipe up as much of the water as you can use towels and then leave the area until an expert can help assess the situation. DO NOT place fans on the affected area as they will blow mold spores throughout your house and lead to significant cleaning costs. If there is no mold present, you can proceed to step 5.
Once the bulk of the water has been removed, place fans blowing across the wet surface to dry out the affected material as quickly as possible.
If the leak was not noticed for quite some time, the affected materials will have had enough time to absorb a significant amount of water. Even after you have dried the water, the materials may still be wet at their core even though the surfaces feel dry. In this case, it can be smart to have a plumber or a restoration company test the areas with a moisture meter to ensure that the materials have been sufficiently dried.

What to Do When Visible Mold Growth Is Present

Light mold growth on a shower wall or windowpane can simply be cleaned and forgotten. If a heavy cleaning does not remove the growth or the mold continues to come back, you may want to hire an inspector to evaluate the situation. A good way to tell if the growth is light surface growth vs an intrusive structural issue is to see if the mold appears to be growing solely on the surface of the material or if it is originating from beneath the paint, wood, or grout. If it is intrusive there will usually be physical damage to the material including swelling, cracking, or peeling.

Intrusive mold growth typically needs remediation that involves more than just simply wiping it up. This kind of damage is typically caused by a significant amount of water or slow leaks over a long period of time. Often the material will need to be removed in order to treat the mold properly.

Mold growth from water damage should always be taken care of by a professional. Toxigenic molds typically originate from water damage issues and if there is significant growth it can be a significant health hazard and should not be ignored.

If your landlord ever dismisses the mold as “just mildew”, “old growth”, “inactive growth”, or “non-toxic”, hire a professional that can evaluate the situation and explain it to your landlord from a non-biased and professional perspective.

If you have concerns over whether the mold growth is being dealt with properly or according to industry protocol, contact a professional to instruct on how the mold growth should be handled and if testing should be done.

If your landlord refuses to deal with the mold situation or tries to cover it up, have the situation documented with as many photos and videos and hire a professional to write a report detailing the incident and explaining the hazards of mold exposure. If this is not enough to have the landlord fix the problem, it should at least be enough to get out of the lease.

What’s the Law?

Most states require that landlords provide a dwelling that is safe and habitable for their renters. Mold in any significant quantity should not be present in the living space and is a legitimate cause for the renter to take action. This doesn’t mean that the landlord needs to come to clean your shower every month, but it does mean that leaks and any resulting damage should be repaired in a timely manner.

Sometimes mold growth will be discovered in the attic or crawlspace. While it always is recommended that these issues be addressed, because the issues aren’t located in the living space the landlord may not be obligated to address them immediately. If the problem is not actively getting worse (growth from an old leak, or ventilation issue that has already been repaired) and it has been established that it is not affecting the indoor living conditions (either because the amount is insignificant or air tests have shown indoor airborne spore counts to be within reasonable ranges), then the landlord may choose to address the issue at a more convenient time (for example when the home is not occupied to allow better access for contractors, or waiting to treat mold in an attic because they are going to replace the roof in the summer).

Who Has to Pay?

When water damage or microbial growth is caused by general wear and tear the landlord will be required to pay for it as part of the general maintenance and upkeep of the property.

If the tenant has neglected the property or used the property in a way that it wasn’t designed to be used, then they may be responsible for paying for the clean-up and repairs. This is why it is so important to properly document the situation (for both the tenant and the owner). If the tenant fails to inform the landlord of the issue or otherwise ignores the issue, the blame may return back to the tenant in the form of neglect.

A Couple of Examples:

Example #1

We received a call from a tenant claiming that their home was full of mold and that their landlord wasn’t taking care of it in a timely or appropriate manner. They wanted us to document the situation and help them get out of their lease. We outlined the parameters of our inspection and agreed to inspect the property on behalf of the tenant.

What we found was a living space that had been neglected for many months. There were dishes and diapers on the floor in the living room, wet laundry piled in the corners of the bedrooms, and bathrooms that looked like they had never been cleaned.

The mold in concern was a small amount of growth on the windowsills, which as you may guess, also were in need of a thorough cleaning. The growth was not indicative of any structural issue or deferred maintenance, or an appliance not functioning as it should be.

In this case, the growth occurred from a lack of general household cleaning. After our inspector saw the condition of the home it was easy to ascertain that the tenants were not worried about the health effects of the mold as much as they were negotiating a few months of free rent.

Sometimes, however, tenants bring up legitimate concerns!

Example #2

Leak and mold growth

Another unit we inspected was due to a plumbing leak that had occurred in the bathroom. The landlord had fixed the plumbing, but the tenant was concerned about possible mold growth. After inspecting the affected area, we found mold growth clearly growing on the drywall and subfloor as well as a significant amount of growth in the crawlspace beneath the bathroom.

In this case, we argued on behalf of the tenant to have the mold growth remediated in a professional manner even though the landlord didn’t believe it to be a significant issue. “A harmless bit of mildew” in his own words!

Conclusion

Your landlord should provide you with a safe and habitable environment to live in. Mold should not be present in the living space, and you have the right to ensure that the home is maintained in good working order.

The tenant has a responsibility to use the home in an appropriate manner and document any leaks or visible mold growth and inform the landlord immediately.

Mold inspectors specialize in evaluating mold growth and working with both tenants and landlords to come to a solution where mold growth can be dealt with properly and in a manner that is safe for the tenant. It can be helpful to have a non-biased 3rd party to make recommendations and oversee the project. Find an inspector that understands your situation and who has good reviews from people in similar circumstances.