Too much moisture and humidity in a rental property over an intensive period of time may give rise to mold infestation. If this issue is not addressed right away, the swarming molds in a home can lead to serious health problems to the tenants of the rental property. At any rate, the renter has certain rights when a mold infestation takes place in the unit. These rights are recognized both by the laws applicable in every state in the country and court decisions focused on landlord and tenant issues.
Landlord and tenant laws as well as statutes relating to disingenuous and deceitful trade practices oblige a landlord to reveal any known flaws and defects present in the property that have a potential influence to an individual's decision to enter into a lease agreement with that landlord. Part of such disclosures is the right of the renter to be informed about the presence of mold in the property.
The laws with regard to disclosure of mold infestation differ from state to state about whether a renter has the right to information about previous incidence of mold infestation at the property. Several states courts have ruled that a rental property owner does not have to give this information right away to tenants. Nonetheless, if a tenant inquires about mold infestations, the landlord has to distinguish the incidence of mold infestation in the property.
If the rental property is plagued by molds after a tenant resides in the property, the landlord is compelled to put a diligent effort to resolve the issue. The landlord is obliged to resolve the problem even if the mold infestation was the fault of the occupant. If the existence of molds is caused by the tenant, the landlord will assume the responsibility of obtaining the molds, but the occupant will be accountable for the costs associated with resolving the mold problem.
Notice to Landlord
To completely defend your rights on eradication of mold infestation, the renter should inform the landlord about the problem. Proper notice should be given to the property owner or the assigned property manager who is liable for the rent collection.
It is crucial that the renter fully document the mold infestation in the property. You can do this by taking photographs of the swarming molds in the property. It is also essential that you take note of the date you have become aware of the problem.
In case the landlord falls short to resolve the mold problems, the tenant has the liberty to terminate the lease agreement rooted in what is identified as a material breach by the landlord. A renter may also have the right to bring the problem to the court to recuperate other losses acquiring owed to the mold infestation. Since mold build ups can cause health threats for some people, these damages can include medical expenses acquired as the consequential of getting exposed to molds.