What to Do When a Tenant Reports Mold in Your Rental Property

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. 

 Published June 7, 2021

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