What Actions Can Tenants Take If Their Rental Property Has Health Hazards Like Mold?

Mold is a serious health hazard that can cause respiratory issues, allergies, and other long-term health problems, especially when it is left unaddressed. Tenants who discover mold in their rental property should take immediate steps to protect their health and ensure that the landlord addresses the problem. Landlords have a legal obligation to maintain rental properties in a habitable condition, and mold often falls under this obligation as it poses health risks and can damage the property.

Steps Tenants Can Take If They Find Mold or Other Health Hazards:

1. Notify the Landlord in Writing

Tenants should notify the landlord in writing as soon as they discover mold or other health hazards. It’s important to document the issue in writing to create a record of the request. The notice should include:

• A detailed description of the mold problem (e.g., location, extent of damage).
• Any visible signs of water damage or sources of moisture (which could contribute to mold growth).
• A request for the landlord to take action to remediate the mold problem.

This notification will serve as evidence that the landlord was made aware of the problem and was given the opportunity to address it.

2. Request Repairs or Mold Remediation

Under most state and local laws, landlords are required to maintain rental properties in habitual condition—meaning that the property must be free from health and safety hazards like mold. Tenants should formally request that the landlord take steps to repair any water leaks, address moisture problems, and remove any mold. In some jurisdictions, tenants can use official forms or repair request letters.

In the request, tenants should ask for:

• A thorough inspection by a professional mold remediation service.
• Remediation steps to eliminate the mold problem.
• Repairs to the source of moisture, such as fixing plumbing leaks, improving ventilation, or repairing roof leaks.

If the landlord refuses to address the issue, tenants may be entitled to take further action under state or local laws.

3. Document the Mold Problem and Health Effects

It’s crucial to document both the mold and any related health effects caused by the exposure. Tenants should:

• Take photos or videos of the affected areas to provide visual evidence of the mold.
• Keep a log of any health issues, such as respiratory problems, headaches, or skin irritations, that may be related to mold exposure.
• Gather medical records if a doctor confirms that health issues are connected to mold exposure.

Documenting the extent of the problem and any health consequences will strengthen the tenant’s case if they need to escalate the matter legally.

4. Check Local Housing Codes and Tenant Rights

Mold issues may violate local housing codes or health and safety regulations, which require landlords to maintain properties in a habitable condition. Tenants should:

• Research local housing codes to determine whether mold falls under the definition of an uninhabitable condition in their area.
• Understand their rights under state or local tenant protection laws, which may offer additional remedies if the landlord fails to take action.

Many states and cities have specific regulations regarding mold remediation and tenant health, and these laws can vary widely.

5. Request a Rent Reduction or Withhold Rent (If Legal in Your Area)

If the mold issue makes the rental unit uninhabitable or affects the tenant’s health or quality of life, they may be entitled to a rent reduction. Some jurisdictions allow tenants to withhold rent or reduce rent payments until the mold is removed and the conditions are corrected.

Before withholding rent, tenants should:

• Consult a lawyer or local tenant rights organization to ensure they are legally permitted to withhold rent in their area.
• Send a formal written notice to the landlord stating that rent will be withheld due to the uninhabitable conditions and specifying the issue and actions taken.

6. Request Relocation Assistance or Termination of Lease

If the mold problem is severe or cannot be corrected in a reasonable timeframe, tenants may have the right to terminate the lease early without penalty. In some cases, tenants may also be entitled to relocation assistance or help with moving expenses, particularly if the property is deemed uninhabitable.

In these cases, tenants should:

• Contact a lawyer to determine their rights regarding early termination of the lease.
• Provide formal notice to the landlord that they are terminating the lease due to the health hazards.
• Request a written agreement from the landlord to release them from lease obligations.

7. File a Complaint with Local Housing or Health Authorities

If the landlord refuses to remedy the mold problem or if the tenant believes the property is unsafe, they can file a complaint with local health or housing authorities. Many cities and counties have specific departments responsible for tenant complaints, including mold and other health-related issues.

The complaint may lead to:

• Government inspections of the property.
• Health department intervention to determine whether the property poses a health risk.
• Legal action by local authorities, including fines or orders for the landlord to make repairs.

Tenants can also report violations to local consumer protection agencies or housing boards that handle tenant-landlord disputes.

8. Take Legal Action

If all else fails, tenants have the option of pursuing legal action against the landlord for breach of contract, negligence, or violation of housing codes. In such cases, tenants may seek:

• Compensation for medical bills and related expenses due to mold exposure.
• Damages for lost property value if mold has caused significant damage to the rental unit.
• Termination of the lease without penalties due to uninhabitable conditions.

Before pursuing legal action, tenants should consult with an attorney experienced in tenant rights or housing law to determine the best course of action.

Example:

A tenant living in a basement apartment notices mold growth on the walls after a plumbing leak that the landlord has not repaired. The tenant develops respiratory issues and headaches. The tenant notifies the landlord in writing about the mold problem and requests repairs, but the landlord ignores the request. After several weeks, the tenant decides to withhold rent and files a formal complaint with the local housing authority. The authority inspects the property, confirms that the mold is a health hazard, and orders the landlord to make repairs within 30 days. The tenant also consults a lawyer to determine whether they can terminate the lease early due to the uninhabitable conditions.