Mold is one of the newest environmental hazards causing concern among renters. Across the country, tenants have won multimillion-dollar cases against landlords for significant health problems -- such as rashes, chronic fatigue, nausea, cognitive losses, hemorrhaging, and asthma -- allegedly caused by exposure to "toxic molds" in their building.

If you suspect there is mold in your rental unit, learn when your landlord might be liable and how to clean it up. Even better, take steps to prevent or clean up mold before it becomes a problem.

Where Mold Is Found

Mold comes in various colors and shapes. The villains -- with names like stachybotrys, penicillium, aspergilus, paecilomyces, and fusarium -- are black, white, green, or gray. Some are powdery, others shiny. Some molds look and smell disgusting; others are barely seen -- hidden between walls, under floors and ceilings, or in less accessible spots, such as basements and attics.

Mold often grows on water-soaked materials, such as wall paneling, paint, fabric, ceiling tiles, newspapers, or cardboard boxes. Humidity sets up prime growing conditions for mold. Buildings in naturally humid climates of Texas, California, and the Southern U.S. have experienced more mold problems than residences in drier climates. But mold can grow irrespective of the natural climate, as long as moisture is present.

Mold and Your Health

Mold is also among the most controversial of environmental hazards. There is considerable debate within the scientific and medical communities about which molds, and what situations, pose serious health risks to people in their homes. There is no debate, however, among tenants who have suffered the consequences of living amidst (and inhaling) mold spores.

Keep in mind, however, that most mold is not harmful to your health -- for example, the mold that grows on shower tiles is not dangerous. It takes an expert to know whether a particular mold is harmful or just annoying. And it's very tricky to find out whether a person who has been exposed to mold has actually inhaled or ingested it. New tests that measure the presence of a particular mold's DNA in a blood sample are the only way to know for sure whether the mold is present in the body.

Landlord Liability for Tenant Exposure to Mold

With a few exceptions, landlord responsibilities regarding mold have not been clearly spelled out in building codes, ordinances, statutes, or regulations. Below is a discussion of the few states and cities that do have mold laws, and an explanation of how landlords can be held responsible for mold problems even absent specific laws governing mold.

Federal Law. No federal law sets permissible exposure limits or building tolerance standards for mold.

State Laws. California, Texas, New Jersey, Indiana, and Maryland have all passed laws aimed at developing guidelines and regulations for mold in indoor air.

For example, California's "Toxic Mold Protection Act of 2001" authorizes the state's Department of Health Services (DHS) to set permissible levels of indoor mold exposure for sensitive populations (like children, or people with compromised immune systems or respiratory problems). The California law also allows DHS to develop identification and remediation standards for contractors, owners, and landlords and requires landlords to disclose to current and prospective tenants the presence of any known or suspected mold. To date, the DHS has not published its findings.

Similar laws are sure to develop in other states.

Local Laws. A few cities have enacted ordinances related to mold. For example:

• New York City. Landlords in New York City must follow Department of Health guidelines for indoor air quality.
• San Francisco. In San Francisco, mold is considered a legal nuisance, putting it into the same category as trash accumulation or an infestation of vermin. Tenants (and local health inspectors) can sue landlords under private and public nuisance laws if they fail to clean up serious problems.

The Landlord's Duty to Maintain Habitable Premises

Even if your state or city doesn't have specific mold laws, your landlord may still be liable for a mold problem in your rental.

Mold caused by a landlord's failure to fix leaks. Landlords in all states but Colorado and Arkansas are responsible for maintaining and repairing rental property, and this extends to fixing leaking pipes, windows, and roofs -- the causes of most mold. If the landlord doesn't take care of leaks and mold grows as a result, you may be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem. (To learn more about the landlord's duty to repair, read Nolo's article Renter's Rights to Privacy and Repairs FAQ.)

Mold caused by tenant behavior. The liability picture changes when mold grows as the result of your own behavior, such as keeping the apartment tightly shut, creating high humidity, or failing to maintain necessary cleanliness. When a tenant's own negligence is the sole cause of injury, the landlord is not liable.

Mold clauses in leases. Some landlords include clauses in the lease that purport to relieve them from any liability resulting from mold growth. At least one court (in Tennessee) has refused to enforce such a clause, ruling that to do so would be against public policy. More cases from other parts of the country are sure to arise as mold litigation makes its way through the courts.

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