Can Tenants Legally Stop Paying Their Rent Because of Mold in Their Apartments?

Mold can be a serious problem in a rental, especially if it's of the toxic variety. But finding mold in an apartment doesn't mean that the tenant can automatically stop paying rent. Instead, both tenants and landlords have duties they must fulfill when they discover mold. If a landlord doesn't respond appropriately, only then might a tenant have the right to stop paying rent.

Not All Mold Is Created Equal

No one likes to find mold in their home. At best, it's a sign that you're going to need to do some cleanup. At worst, it might be toxic mold that poses a significant health risk to the inhabitants and must be mitigated by professionals.

Because not all mold is dangerous, the fact that mold exists in a tenant's apartment is not a good enough reason for a tenant to stop paying rent or to move out.

What Must Tenants Do When They Discover Mold?

Every tenant has the duty to keep their rental in a clean condition. If mold occurs due to a tenant's failure to keep their home clean, the tenant is ultimately responsible for the cleanup or costs of cleanup.

However, tenants also have a duty to alert their landlord to any conditions in the rental that might pose a risk to health and safety. This includes the presence of mold. Tenants are responsible for letting the landlord know as soon as possible—preferably in writing—about the discovery. Even if the mold occurred through no fault of the tenant, a tenant could be found partially liable for the cleanup and damage caused by mold if they fail to timely alert the landlord about the danger, and the problem worsens as a result of the delay.

After giving the landlord written notice of the mold, the tenant must give the landlord a reasonable amount of time to inspect and mitigate the problem. What's considered a reasonable amount of time depends on state or local law, or, in the absence of a law, the local practice.

What Must Landlords Do About Mold?

Landlords have the duty to maintain the rental in a safe and habitable condition. Each state has its own law regarding what constitutes habitable housing. Some states, such as Virginia and Colorado, have laws specifically stating that providing a mold-free rental is part of a landlord's duty to provide habitable housing. (Va. Code § 55.1-1220 (2024); Colo. Rev. Stat. § 38-12-505 (2024).) In other states, the landlord might be indirectly responsible for mold due to a failure to maintain the premises—for example, to fix leaks, provide ceiling fans in bathrooms with poor ventilation, or ensure that all windows can open for air circulation.

Once a landlord receives a notice about the presence of mold, the landlord must act quickly. The landlord will need to arrange a reasonable time to come and look at the mold, preferably with a professional who can identify whether the mold is of the harmful variety. The landlord must then take appropriate measures to mitigate the mold.

Landlord Disclosures About Mold

Some states require landlords to make written disclosures to tenants and prospective tenants about the presence of mold and mold in general. For example, in California, landlords must disclose the existence of mold to a tenant before they sign a lease or rental agreement. (Cal. Health & Safety Code § 26147 (2024).)

Landlords must research their state and local laws or contact a local attorney to find out whether they must make any mold-related disclosures.

What Are a Tenant's Rights When There's Mold in a Rental?

If a landlord fails to mitigate the mold in a timely manner, the tenant's options depend on state law. Typically, tenants have at least one of the following options.

Withhold Rent

Some states' laws give tenants the right to withhold rent when a landlord fails to provide a habitable rental. Under most of these laws, the tenant must strictly follow the procedures outlined in the law before withholding rent. For example, the law might require the tenant to give the landlord a written notice of the problem, provide the landlord with 10 days to fix it, and then, if the problem isn't fixed, deposit the rent with the court rather than just failing to pay rent.

Repair and Deduct

Under state law, the tenant might have the right to "repair and deduct." This means that if, after sufficient notice, the landlord doesn't take care of the mold, the tenant can do it themselves and deduct the cost of the removal from their rent.

A drawback of most states' repair and deduct laws is that they often cap the amount that can be deducted to no more than one month's rent. Mitigation of toxic mold will cost more than a month's rent. This is especially true because mold isn't something a tenant should try to mitigate on their own—it requires hiring a (costly) professional. On top of that, DIY'ing mold remediation simply isn't worth the health risks.

Move Out

Another option in some states might be to move out of the rental. Usually, this right arises only after the tenant has given the landlord notice of the problem and ample time to fix it. However, if the tenant is experiencing serious health problems and is sure that the mold is causing them, the tenant might be justified in stopping paying rent and moving out under the legal theory of constructive eviction.

Call the Local Building Inspector or Code Enforcement

A tenant whose landlord isn't repairing mold might be able to report the situation to a local building inspector or code enforcement. These agencies might have the power to issue citations and put pressure on the landlord to remedy the problem.

Sue the Landlord

In many states, a tenant's only option might be to sue the landlord. A court might be able to order the landlord to remediate the mold and reimburse the tenant for rent and other expenses incurred during the time that the landlord dragged their feet.

To take advantage of any of these remedies, tenants must closely follow the procedures laid out by state law. Both tenants and landlords should be aware that it is illegal in most states for landlords to retaliate against tenants who exercise their legal rights.

Additional Resources

The Environmental Protection Agency's (EPA) website contains a wealth of information about mold for landlords and tenants, including steps to take to improve indoor air quality and prevent mold.

The National Institute for Occupational Safety and Health (NIOSH) also has an online dampness and mold assessment tool that landlords especially might find helpful for tackling potential mold issues in their rentals.

To find your state's laws, see Nolo's article on State Laws on When Tenants Can Withhold Rent or Repair and Deduct.