A mold issue can be caused by either the tenant or the landlord, and who is at fault matters when it comes to liability. For instance, a landlord might neglect to fix a leak, not install fans in bathrooms, or paint window frames shut so that tenants can’t allow for airflow — all of which can contribute to mold growth.
If the tenant didn’t cause the mold, it is generally the landlord’s responsibility to remove it and pay for repairs (though specific tenant laws vary by state).
“Sometimes the fix is quick, and the landlord can do it without having to break down any walls,” says Jacqueline Salcines, an attorney in Coral Gables, Fla., who specializes in landlord-tenant law. In such cases, the landlord might just have the area cleaned. “Other times, it is more extensive and may require either putting the tenant up in a hotel or terminating the lease if permitted.”
If a landlord fails to help, tenants may be able to deduct the cost of an inspection or repairs from their rent, or break their lease without penalty, though that will depend on local laws and the nuances of the particular case.
However, “If your bad housekeeping results in mold, you bear the consequences of the resulting damage,” says Janet Portman, an attorney and executive editor at NOLO, a publication that provides resources about everyday legal questions. For example, tenants might neglect to clean or crack the window in a humid bathroom, causing mold. Or, they might fail to report a minor issue, allowing it to become a full-blown disaster. “If your lease requires you to alert the landlord to repair problems, and you know about it but do not report a leak or mold, you’ll have a hard time pinning the problem 100 percent on the landlord,” says Portman.
Tenants may be able to clean up a minor mold problem on their own, following guidelines from the Centers for Disease Control and Prevention. But if the damage tenants caused is extensive, requiring structural repairs such as ripping out drywall, they’ll need to involve the landlord. And, says Portman, “chances are, you’ll pay for it.”
