Typically, landlords may use a tenant's security deposit for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Landlords may not, however, use the deposit to cover the costs of ordinary wear and tear.
Pinning down exactly what normal wear and tear is can be difficult. When you have a long-term tenant, it's likely that more of the damage to the rental will qualify as normal wear and tear—in other words, even everyday use over a long period of time will have a detrimental effect on the unit. But just because there's damage doesn't mean that you can charge a tenant to repair it. The longer a tenant has lived in a place, the more wear and tear you can expect.
For example, if you put in new carpeting at the beginning of a tenancy, and you renew the tenant's lease every year for four years, when the tenant moves out you should expect that the "new" carpeting won't look new anymore—in fact, you might even have to replace it. But in order to hold the tenant responsible for the cost of replacing it, you'd have to show that the carpeting is in a condition that is far worse than could be expected after four years of use.
The best way to understand the idea of normal wear and tear is to look at some examples. The following chart outlines some common situations where damage is the landlord's responsibility versus situations where the damage is the tenant's responsibility.
Ordinary Wear and Tear: Landlord's Responsibility |
Damage or Excessive Filth: Tenant's Responsibility |
Curtains faded by the sun | Cigarette burns in curtains or carpets |
Linoleum stains caused by shower spray | Broken tiles in bathroom |
Minor marks on or nicks in wall | Large marks on or holes in wall |
Dents in the wall where a door handle bumped it | Door off its hinges |
Moderate dirt or spotting on carpet | Rips in carpet or urine stains from pets |
A few small tack or nail holes in wall | Lots of picture holes or gouges in walls that require patching as well as repainting |
A rug worn thin by normal use | Stains in rug caused by a leaking fish tank |
Worn gaskets on refrigerator doors | Broken refrigerator shelf |
Faded paint on bedroom wall | Water damage on wall from hanging plants |
Dark patches of ingrained soil on hardwood floors that have lost their finish and have been worn down to bare wood | Water stains on wood floors and windowsills caused by windows being left open during rainstorms |
Warped cabinet doors that won't close | Sticky cabinets and interiors |
Stains on old porcelain fixtures that have lost their protective coating | Grime-coated bathtub and toilet |
Moderately dirty mini-blinds | Missing mini-blinds |
Bathroom mirror beginning to "de-silver" (black spots) | Mirrors caked with lipstick and makeup |
Clothes dryer that delivers cold air because the thermostat has given out | Dryer that won't turn at all because it's been over-loaded |
Toilet flushes inadequately because mineral deposits have clogged the jets | Toilet won't flush properly because it's stopped up with a diaper |
For a comprehensive guide to landlords’ (and tenants’) responsibilities for cleaning and repairs, see Every Landlord's Legal Guide or Every Tenant's Legal Guide.
]]>If you own or manage a rental property in California, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in California rental properties.
Courts in California have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as rent withholding, is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what appears in a written lease with tenants, landlords in California are bound by the implied warranty of habitability, a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as repair and deduct, involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, aside from disclosure requirements (as discussed below), California doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. In San Francisco, however, mold is a “public health nuisance” (no different than trash accumulation or a pest infestation), which means tenants have the right to sue their landlords for violating city nuisance laws if they fail to remove any “visible or otherwise demonstrable mold” located anywhere “in the interiors of any buildings.” (San Francisco Health Code § 581(b)(6).)
California tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, an apartment building in Santa Rosa, California, had such a high level of mold (as well as a rat infestation) that the city ordered several reportedly sickened tenants to vacate their homes. Although the landlord gave the tenants $2,000 for relocation, the tenants are suing the landlord for damages, according to a press report.
California requires sellers of residential buildings with up to four units to disclose in writing any known hazardous conditions, including mold. (Cal. Civ. Code §§ 1102-1102.19 (2024).)
California law requires landlords to provide tenants with a written disclosure, prior to signing a rental agreement, when they know, or have reason to know, that mold exceeds permissible exposure limits or poses a health threat. (Cal. Health & Safety Code § 26147 (2024).)
Although the law allows for the adoption of permissible exposure limits, the state health department has determined that it’s not feasible to do so. In fact, in a Statement on Building Dampness, Mold, and Health, the department takes the position that the mere "presence of water damage, dampness, visible mold, or mold odor" in a building poses a health threat. Rather than try to measure mold levels or determine specific types of mold, the department strongly recommends taking prompt, diligent steps to remediate mold and address any underlying moisture issues that might be present in a building.
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you might wish to deduct the cost of cleaning from that tenant's security deposit. California law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 21 days of the tenant vacating the rental or not earlier than 60 days before the expiration of a fixed-term lease. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions. (Cal. Civ. Code § 1950.5(g) (2024).)
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover. For more information on how to deal with mold, check out the Centers for Disease Control and Prevention's (CDC) website on how to control mold, as well as its book A Brief Guide to Mold, Moisture, and Your Home.
]]>The technical legal term for a tenant’s right to a livable rental is the “implied warranty of habitability.” The term comes from the idea that landlords promise tenants a livable place simply by offering the property for rent—the promise does not have to be written in a lease or otherwise formally agreed upon.
All states recognize the implied warranty of habitability, either by decision from their highest court or by statute. (In 2021, Arkansas, the final hold out, adopted a weak form of the implied warranty of habitability described as "implied residential quality standards.")
So what does it mean to say that landlords must provide habitable rentals? Some laws lay out specific requirements, while others leave it up to interpretation. In most places, landlords are responsible for:
The right of a tenant to force a landlord to maintain a livable rental is not waivable. For example, landlords cannot shrug off their habitability responsibilities in a “disclaimer” when the tenancy begins. Similarly, courts won’t uphold any agreements between landlords and tenants to waive the warranty (when a landlord offers lower rent in exchange for a tenant’s waiver, for example).
A landlord breaches the implied warranty of habitability when, because of the landlord’s inattention or negligence, a problem arises that would cause a reasonable tenant to be concerned for their health or safety.
Example: The heat is not turning on in a tenant’s apartment. It turns out that the problem can be remedied by a $50 furnace part. Even though the problem can be easily and inexpensively fixed, the problem is a major habitability issue because an unheated home is unlivable.
Minor or cosmetic damage that does not affect health or safety does not constitute a breach of the implied warranty of habitability. A minor repair can be annoying, limiting, or distasteful (and it can even be expensive to remedy)—but it doesn’t seriously endanger the health or safety of a reasonable tenant or make a rental uninhabitable.
Example: The heater in a tenant’s apartment clanks loudly every time it turns on—so much so that it wakes the tenant up. To stop the clanking, the landlord would have to replace the entire heating unit. This is not a habitability issue—the heat still works—nor is it considered a major repair, even though it would be expensive to fix.
Often the line between major and minor isn’t clear. To better place a problem in the right category, look at the source of the implied warranty—a state statute, a local ordinance, or, in some states, a court decision. Some of these laws might contain specific guidelines (such as a minimum hot water temperature) that must be met under the implied warranty.
It's essential that you correctly classify your repair problem before claiming that your landlord has breached the implied warranty of habitability. Many of the legal steps you can take to force a landlord to deal with a major repair won't work for a minor repair and can land you in legal hot water if used improperly.
Following are some concrete examples of the two types of problems. The test for every repair problem is: Does this make my rental unfit to live in? If so, it’s major; if not, it’s minor.
Habitability Problem |
Minor Repair |
A roof leak that results in a wall of mildew in the bedroom |
A roof leak that has caused a slight stain in the ceiling plaster in the hallway |
A totally broken hot water heater |
A hot water heater that heats to five degrees less than the temperature required by state statute |
A furnace that won’t turn on |
A furnace that clanks and creaks when the fan runs |
A front door that will not lock |
A screen door (in front of a door that locks) with a broken latch |
A toilet that won’t flush in a one-bathroom rental |
A toilet that flushes poorly in a two-bath unit |
A lobby that is filled with tenants’ garbage because the landlord has failed to provide trash bins and has not arranged for pick-up |
A lobby that’s in need of a good vacuuming and paint job |
A broken heater during the winter |
A broken heater in the summer during a warm spell |
An apartment rented to a family with young children where there is deteriorating lead paint |
An apartment with faded and dirty latex paint |
When landlords refuse to provide livable housing that meets minimum requirements, tenants can take action to enforce the implied warranty of habitability. Although state laws vary, tenants in many states can:
You should never take any of these self-help remedies against your landlord without first checking to see if they are legal where you live. That’s because if you withhold rent, for example, in an area where this is not a recognized tenant remedy, your landlord could terminate your tenancy—and ultimately evict you—for breaching your lease’s requirement that you pay rent. Your state’s rules are listed in Nolo’s chart State Laws on Rent Withholding and Repair and Deduct Remedies.
]]>When tenants sign a lease or rental agreement, they gain the right to exclusive use of the rental. This means that the landlord can't enter the rental except as allowed by the terms of the lease or rental agreement and state law. Many states have laws requiring landlords to give tenants a minimum amount of notice (often 24 hours) before entering an occupied rental unit. Often, these laws also specify circumstances when a landlord may enter a tenant’s rental unit (for example, to make repairs or show the unit to prospective renters). Here is a summary of state landlord access laws.
Note that even if a specific situation is not specifically mentioned in a statute, other law (such as that created by court decisions) might grant the landlord the right to enter. For example, in all states, even in the absence of a statute, landlords may enter to deal with a true emergency (an imminent and serious threat to health, safety, or property); and when the tenant has abandoned the property (left for good). Most states specify non-emergency circumstances that justify entry, and some explicitly include abandonment and "extended absence" (temporary but prolonged absence, which allows a landlord to enter when necessary to protect the property).
Also, always check to see if your lease or rental agreement includes a clause regarding the landlord's right to enter—many states allow landlords and tenants to make access agreements that differ from statutory law. If you have any questions about landlords' access laws in your state, contact a local tenants' rights group for help, or consult a local landlord-tenant attorney.
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Ala. Code §§ 35-9A-303, 35-9A-423
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
Alaska Stat. §§ 34.03.140, 34.03.230
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Ariz. Rev. Stat. § 33-1343
Amount of notice required in non-emergency situations: 2 days; notice period doesn’t apply and tenant’s consent is presumed if the entry is because of tenant’s request for maintenance
Form of notice required: Not specified
Ark. Code § 18-17-602
Amount of notice required in non-emergency situations: Not specified
Form of notice required: Not specified
Cal. Civ. Code §§ 1950.5, 1954
Amount of notice required in non-emergency situations: “Reasonable”—24 hours is presumed reasonable
Form of notice required: Written notice required, but oral notice is okay if the entry is to show the property to prospective or actual purchasers, but only if the landlord has given written notice within the previous 120 days, telling the tenant that the property is for sale and such oral notice might be given (24 hours’ notice is presumed reasonable; landlord must leave a note when leaving).
Colo. Rev. Stat. § 38-12-1004
Amount of notice required in non-emergency situations: Not specified unless the access is for inspecting for or treating a bed bug infestation. In that situation, 48 hours’ notice is required unless lease says otherwise.
Form of notice required: For bed bug infestation access, notice must be electronic or written. Otherwise, not specified.
Conn. Gen. Stat. §§ 47a-16 to 47a-16a
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Written or oral
Del. Code tit. 25, §§ 5113, 5507, 5509, 5510
Amount of notice required in non-emergency situations: 48 hours
Form of notice required: Written, by giving a copy to an adult who resides at the rental unit or at the tenant's usual residence (if it's not the rental) or by mailing via registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the tenant at the rental. The notice can also be posted at the rental unit when it's combined with a return receipt of a certificate of mailing.
D.C. Code § 42-3505.51
Amount of notice required in non-emergency situations: 48 hours
Form of notice required: Written and electronic (including email and mobile text messaging), but if the tenant doesn't provide an acknowledgement of the electronic notice in writing, the landlord must provide a paper notice.
Fla. Stat. § 83.53
Amount of notice required in non-emergency situations: 24 hours for repairs; landlord may enter "when necessary" in an emergency, when a tenant unreasonably withholds consent, or when the tenant is gone (without notifying the landlord) for a period of time equal to one-half the time for periodic rental payments.
Form of notice required: Not specified
NO STATUTE
Haw. Rev. Stat. §§ 521-53, 521-70(b)
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
NO STATUTE
NO STATUTE
Ind. Code § 32-31-5-6
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Written or oral
Iowa Code §§ 562A.19, 562A.28, 562A.29
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Kan. Stat. §§ 58-2557, 58-2565
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Not specified
Ky. Rev. Stat. §§ 383.615, 383.670
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
La. Civ. Code art. 2693
Amount of notice required in non-emergency situations: No notice period specified
Form of notice required: Not specified
Me. Rev. Stat. tit. 14, § 6025
Amount of notice required in non-emergency situations: 24 hours; no notice if the welfare of an animal is at risk
Form of notice required: Not specified
NO STATUTE
Mass. Gen. Laws ch. 186, § 15B(1)(a)
Amount of notice required in non-emergency situations: No notice period specified
Form of notice required: Not specified
NO STATUTE
Minn. Stat. § 504B.211
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Miss. Code § 89-7-49
Amount of notice required in non-emergency situations: When a landlord believes tenant has abandoned property, and the tenant owes rent, the landlord may request the constable of the county to go onto the premises to ascertain abandonment and leave a notice.
Form of notice required: Written notice
NO STATUTE
Mont. Code §§ 70-24-108, 70-24-312, 70-24-426
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Email (if email is provided in the lease or rental agreement), hand delivery, mail with a certificate of mailing or by certified mail, or a post on the main entry door of the dwelling unit.
Neb. Rev. Stat. §§ 76-1423, 76-1432
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Nev. Rev. Stat. § 118A.330
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
N.H. Rev. Stat. § 540-A:3
Amount of notice required in non-emergency situations: Notice that is adequate under the circumstances; however, 48 hours' notice when entering after receiving notice of a bed bug infestation in an adjacent unit.
Form of notice required: Not specified, but 48 hours when entering to evaluate a possible or actual bed bug infestation.
N.J. Stat. § 2A:39-1; N.J.A.C. 5:10-5.1 (for buildings with more than one unit)
Amount of notice required in non-emergency situations: In buildings with fewer than 3 units: Landlords can enter only when they have the tenant's permission or a court order. In buildings with 3 or more units: Landlords have a right to access the unit to inspect it, make repairs or perform maintenance, and deal with emergencies, but must give reasonable notice (1 day under ordinary circumstances) before entering.
Form of notice required: Not specified
N.M. Stat. §§ 47-8-24, 47-8-34
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Written notice
NO STATUTE
NO STATUTE
N.D. Cent. Code § 47-16-07.3
Amount of notice required in non-emergency situations: Reasonable notice
Form of notice required: Not specified
Ohio Rev. Code §§ 5321.04(A)(8), 5321.05(B)
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
Okla. Stat. tit. 41, § 128
Amount of notice required in non-emergency situations: 1 day
Form of notice required: Not specified
Or. Rev. Stat. §§ 90.322, 90.410
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
NO STATUTE
R.I. Gen. Laws § 34-18-26
Amount of notice required in non-emergency situations: 2 days
Form of notice required: Not specified
S.C. Code §§ 27-40-530, 27-40-730
Amount of notice required in non-emergency situations: 24 hours
Form of notice required: Not specified
NO STATUTE
Tenn. Code §§ 66-28-403, 66-28-507
Amount of notice required in non-emergency situations: 24 hours (applies only within the final 30 days of the rental agreement term, when landlord intends to show the premises to prospective renters and this right of access is set forth in the rental agreement)
Form of notice required: Not specified
NO STATUTE
Utah Code §§ 57-22-4, 57-22-5(2)(c)
Amount of notice required in non-emergency situations: 24 hours, unless rental agreement specifies otherwise
Form of notice required: Not specified
Vt. Stat. tit. 9, § 4460
Amount of notice required in non-emergency situations: 48 hours
Form of notice required: Not specified
Va. Code §§ 55.1-1229, 55.1-1249
Amount of notice required in non-emergency situations: For routine maintenance only: 72 hours, but no notice needed if entry follows tenant's request for maintenance
Form of notice required: Not specified
Wash. Rev. Code § 59.18.150
Amount of notice required in non-emergency situations: 2 days; 1 day to show property to actual or prospective tenants or buyers
Form of notice required: Written notice, unless it’s impracticable to do so
NO STATUTE
Wis. Stat. § 704.05(2); Wis. Adm. Code § ATCP 134.09(2)
Amount of notice required in non-emergency situations: With 12 hours' advance notice, landlords may enter at reasonable times. Landlords and tenants may sign a separate “Nonstandard Rental Provision” agreement, in which they provide for entry for various reasons.
Form of notice required: Not specified
NO STATUTE
To learn more about the rules limiting a landlord's access to rental property, see Nolo's books, Every Tenant's Legal Guide and Every Landlord's Legal Guide.
Updated: November 9, 2023
]]>If you own or manage a rental property in New York, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in New York rental properties.
Courts in New York have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in New York are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See New York Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, New York doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation. New York City has taken steps to make it easier for tenants to report landlords for outstanding mold problems. As part of its 311 nonemergency services program, the city provides an online complaint form that tenants can use to report mold in their building. After submitting a mold complaint, tenants then receive a Service Request number to track the city’s progress in responding.
New York tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can also try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a long-time tenant at a New York City apartment building complained to her landlord after she discovered signs of mold on her apartment walls, which her doctor claimed was causing her rash, according to a report from a local television station. The tenant complained to her landlord, who promised to send a plumber. Although the tenant claims the plumber never arrived, the landlord accused the tenant of turning the plumber away and demanded $750 from the tenant for reimbursement. The tenant refused to pay the landlord and hired a mold remediation company, which confirmed the presence of mold and identified the likely source of a moisture problem. The tenant also reported the landlord to the city (using the 311 program mentioned above), which led inspectors to issue violations and order repairs. After the tenant contacted the local television station, the landlord agreed to reimburse the tenant for her costs, including a $4,000 mold remediation bill.
New York doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in New York, check out New York Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. New York law allows landlords to do this, provided they return the remainder of the deposit to the tenant within a14 days following the tenant's lease termination (N.Y. Gen. Oblig. Law § 7-103).
For more information about security deposits in New York, check out New York Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>For advice on lawsuits involving toxic mold, and how to assess liability, see the Nolo article Toxic Mold: Who to Sue. For help in finding an attorney experienced in mold cases, visit Nolo's Lawyer Directory, where you can view information about each lawyer's experience, education, and fees. By using Nolo's directory you can narrow down candidates by geographic area and specialty before calling them for a phone or face-to-face interview.
If you have mold-related losses (for a health-related problem or property damage), you might be able to sue your landlord in small claims court, if your claim is in the $3,000-$10,000 range, (the small claims court limit in most states). See the Small Claims Court & Lawsuits section of Nolo’s site for details on small claims court, including how to do the following:
If your possessions have been ruined by mold and must be replaced, contact your renters' insurance agent immediately. Your renters' insurance might cover the cost of replacement or damage repair—depending on what type of coverage you have and the cause of the mold problem. (Your policy might exclude mold situations that develop over time.) Do not expect your renters’ insurance policy to cover the costs of medical bills, however—you'll need to turn to your own health insurance for that (or, you can sue the landlord).
If you do not have renters insurance, or it does not cover your particular mold-related loss, you will need to sue your landlord as discussed above.
For additional information on landlord responsibilities and tenant remedies (including preventative measures) for mold and other environmental toxins, get Every Tenant's Legal Guide (Nolo).
]]>Your landlord must keep the structure of the building sound, including stairways, floors, and roofs; keep electrical, heating, and plumbing systems operating safely; supply hot and cold water in reasonable amounts; and exterminate infestations of pests such as cockroaches. If your landlord fails to address a major problem, tenants in many states have options such as withholding the rent.
Keep in mind, however, that if a problem is the result of your own carelessness—such as a pest infestation caused by your poor housekeeping—your landlord has the right to charge you for the repair or take the cost of repair out of your security deposit.
What about the annoying problems most tenants face, like leaky faucets, old paint, torn screens, or worn flooring? While these types of problems can be unpleasant or inconvenient, they don't make the unit uninhabitable. Does the landlord have to repair them?
Whether your landlord must take care of a minor repair depends upon a number of factors, beginning with the nature of the problem. Purely cosmetic repairs are not legally required. Mildewed grout or worn carpet, for example, are less likely to require a landlord's attention than are loose tiles that make the shower unusable or holes in carpeting that could trip someone.
If you're not sure whether your landlord is legally required to make a repair, check to see any of the following address your specific problem:
It's often harder to enforce your rights to minor repairs than major ones. Tenants in an uninhabitable dwelling are often allowed by law to withhold rent or use "repair and deduct" procedures, but taking those actions for minor problems could get you evicted. There are, however, a number of proven strategies for getting landlords to take care of minor problems.
Even if you've already asked your landlord to take care of a problem, a written request is almost always helpful. It gives you a chance to articulate the problem clearly and point out why it's in the landlord's best interest to fix it. A letter also allows a reluctant landlord to think it over without having to give you an immediate answer (which often results in a knee-jerk "no").
Try to develop a number of themes in your letter. One effective tactic is to explain that the problem might become worse—and more costly to the landlord—if it's not taken care of right away. A landlord might find it easy to ignore your drippy faucet until you point out the possibility of an overflowing sink causing water damage to the floors.
Another theme that will grab your landlord's attention is the potential for injury. A hole in the stairway carpeting could cause someone to trip and fall, making the landlord liable for the injury. Other potential concerns that will get your landlord's attention include security issues (such as a broken lock) and problems that could result in another tenant's complaining (such as a door that slams shut loudly immediately after it's opened).
If your oral and written requests are ignored, consider contacting a mediation service, which will invite the landlord to meet with you and a trained mediator. The mediator will help the two of you reach a mutually-acceptable solution, but will not (unlike a judge) impose a solution. Many communities offer free or low-cost mediation services as an alternative to going to court.
Some minor problems might violate local building or housing codes. Call the agency that enforces these codes in your area to find out. Officials at the agency should be able to explain whether your problem violates local or state codes, and might be able to take action against your landlord.
Keep in mind that reporting your landlord won't likely improve your relationship, which might be important to you if you want to stay in your unit for some time. Even state "antiretaliation" laws, which prohibit rent hikes, terminations, or other adverse actions following a tenant's complaint to a government agency or exercise of a legal right, can't prevent a sour relationship.
If you can prove in court that the unaddressed problems decrease the value of your unit, a judge can award you the difference between what you've been paying in rent and the amount the unit is actually worth. Obviously, suing your landlord is not your best option if you want to salvage your landlord-tenant relationship. But if you've tried everything else and moving elsewhere is not feasible, taking your landlord to small claims court might be the right remedy.
For legal and practical information to help you deal with your landlord, see Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo).
]]>Under most state and local laws, landlords must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water and electricity, and clean, sanitary, and structurally safe premises. Rental housing must also be free from significant danger from lead, asbestos, and mold, and must have reasonable protection from criminal intrusion.
Local building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation, and electrical wiring. Many cities require the installation of smoke detectors and carbon monoxide detectors in residential units, and specify security measures involving locks and keys.
Your local building or housing authority, and health or fire department, can provide information on local housing codes (and penalties for violations).
When a tenant requests necessary repairs and the landlord or property manager doesn't meet legal responsibilities in providing them, a tenant usually has several options, depending on the state. These options include:
A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions.
A landlord’s best bet is to handle repairs as soon as possible (or delegate the repairs to the tenant in exchange for decreased rent). Take care of major problems, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Landlords should always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.
Typically, after giving notice to tenants, landlords can enter rented premises in order to make needed repairs (or under some states’ landlord entry laws, just to determine whether repairs are necessary), or to show the property to prospective new tenants or purchasers. In most states, landlords must provide 24 hours' advance notice before entering a rental unit.
Without advance notice, in most states a landlord or manager may enter rented premises while a tenant is living there only in an emergency, such as a fire or serious water leak, or when the tenant gives permission.
Several states also allow landlords or property managers to enter rental property during a tenant's extended absence (often defined as seven days or more) in order to maintain the property as necessary and to inspect for damage and needed repairs. In most cases, a landlord may not enter just to check up on the tenant and the rental property.
For the most comprehensive and up-to-date legal and practical guide for residential landlords, get Every Landlord's Legal Guide, by Janet Portman, Marcia Stewart, and Ann O’Connell (Nolo).
]]>If you own or manage a rental property in Maryland, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Maryland rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Maryland are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Maryland Tenant Rights to Withhold Rent for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Maryland doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a Montgomery County, Maryland, tenant complained to her landlord about high levels of mold in her apartment shortly after she moved in. According to the tenant, the landlord failed to respond, causing illness to the tenant's family and damage to her personal property, forcing the tenant to break her lease before the one-year term expired. After refusing to make further rent payments, the tenant sued the landlord for breach of contract, claiming that the landlord failed to maintain her apartment in a reasonably safe condition. A jury found the landlord liable and awarded the tenant $19,400 in total compensatory damages, and an appeals court ruled that the tenant is also entitled to reasonable attorneys' fees (Beverly Allen v. Breck Ridge Partners, LLC, No. 0758/14 (Md. Ct. Sp. App. 2014)).
Maryland doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Maryland, check out Maryland Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Maryland law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Md. Code Ann. [Real Prop.], § 8-203).
For more information about security deposits in Maryland, check out Maryland Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Michigan, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Michigan rental properties.
Courts in Michigan have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Michigan are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Michigan Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Michigan doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a home healthcare aide living at a Grand Rapids, Michigan apartment building feared for her patients' and her own health after spotting large amounts of mold growing in their home and tried to get out of her lease. After a local television news team covered the aide's plight, the landlord sent her a letter allowing the tenants to break their lease and find alternative housing. In a follow-up report, the aide indicated she plans to seek compensation from the landlord for her "fungus-infested things."
Michigan requires sellers of residential buildings with up to four units to disclose any environmental hazards on the property while recommending that buyers obtain a professional inspection that may, among other things, uncover evidence of mold (Mich. Comp. Laws § 565.957). Michigan doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants.
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Michigan, check out Michigan Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Michigan law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. (Tenants then have up to seven days to dispute the claimed damages, if they wish.) If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Mich. Comp. Laws § 554.609).
For more information about security deposits in Michigan, check out Michigan Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in New Jersey, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in New Jersey rental properties.
Courts in New Jersey have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in New Jersey are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See New Jersey Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, New Jersey doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, tenants of a Hamilton, New Jersey rental house claimed they have been hospitalized and afflicted with a range of serious illnesses all on account of high levels of mold in their home. The tenants first spotted mold growing in the basement, which led them to learn from the prior tenants that it had been flooded with four feet of water. Rather than remediate the mold, the landlord reportedly only painted over the mold to make the home look presentable for the new tenants. As a result, the mold was allowed to spread throughout the house and testing uncovered levels that were 450 times normal. The tenants vacated the house, leaving their moldy belongings behind. The tenants told their story to a local newspaper, calling out the landlord while expressing their fear that she will simply paint over the mold again and rent the home to "another poor, unsuspecting family," according to the report.
New Jersey doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. However, New Jersey landlords must let prospective tenants know if the rental property has been determined to be located in a flood zone or area (N.J. Stat. Ann. § 46:8-50).
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in New Jersey, check out New Jersey Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. New Jersey law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (N.J. Stat. Ann. § 46:8-21.1).
For more information about security deposits in New Jersey, check out New Jersey Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in North Carolina, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in North Carolina rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in North Carolina are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
North Carolina's state law has not codified these strategies, and so they may pose a challenge for tenants to pursue. SeeNorth Carolina Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. However, North Carolina law requires landlords to fix excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mold (N.C. Gen. Stat. § 42-42).
Also, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a Greenville, North Carolina, tenant claimed that she and her toddler began suffering health issues as a result of high levels of mold in her apartment, much of which she believes the landlord had painted over. With the help of a local housing coalition, the tenant sued her landlord in housing court and was allowed to break her lease without a penalty, according to a press report.
North Carolina doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in North Carolina, check out North Carolina Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. North Carolina law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination (and a final accounting, if needed, within 60 days). If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (N.C. Gen. Stat. § 42-52).
For more information about security deposits in North Carolina, check out North Carolina Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Georgia, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Georgia rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Georgia are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
Georgia's state law has not codified these strategies, but Georgia's courts have recognized a tenant's right to repair and deduct. See Georgia Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Georgia doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, tenants at a Sandy Springs, Georgia, apartment building complained to their landlord about unsafe levels of mold they spotted in their apartment. After allegedly inadequate efforts to address their concerns, the tenants arranged for mold testing and also contacted a local television station to report their frustrations. Following the station's investigation, the landlord issued a statement committing to fully resolving the mold issue.
Georgia doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. However, Georgia landlords must let prospective tenants know if flooding has caused damage (including mold) to the living space at least three times in the five years preceding the lease start date (Ga. Code Ann. § 44-7-20).
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Georgia, check out Georgia Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Georgia law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within one month of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Ga. Code Ann. § 44-7-34).
For more information about security deposits in Pennsylvania, check out Georgia Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Colorado, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Colorado rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Colorado are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Colorado Tenant Rights to Withhold Rent for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Colorado doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, tenants of a Colorado Springs, Colorado, rental house claimed they have been dealing with high levels of visible mold since water flooded their basement. The tenants claimed that, in addition to being unsightly, the mold was to blame for health issues ranging from sore throats to breathing difficulties and allergic reactions. After complaining to their landlord, the tenants contacted a local news channel to investigate. Local code enforcement reportedly reopened the case and was working with the landlord to resolve the issue.
Colorado doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Colorado, check out Colorado Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Colorado law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within one month of the tenant's lease termination (or up to 60 days, if agreed upon in the lease). If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Colo. Rev. Stat. § 38-12-103).
For more information about security deposits in Colorado, check out Colorado Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Texas, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Texas rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Texas are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Texas Tenant Rights to 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Texas doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, tenants at an upscale apartment complex in Austin, Texas, contacted a local news station to investigate after allegedly dealing with serious mold and moisture problems and an unresponsive management. The news investigation revealed several tenants with mold in their apartments who claimed to have been suffering foul smells and illness. Although the management claims it responds to mold and other repair requests promptly, the tenants are reportedly also pursuing a $5 million class-action lawsuit to recover "wrongful, misleading, and fraudulent" fees from the landlord relating to water and sewer issues, among other things.
Texas landlords should be aware that state law prohibits insurers from making underwriting decisions based on previous mold damage or mold damage claim if either the landlord had mold remediation done at the property and got a mold remediation certification, or an independent assessor or adjustor inspected the property and determined that it doesn't contain evidence of mold damage. Texas requires notice of this law to be included in a consumer bill of rights and distributed by insurers (see 28 Texas Admin. Code § 5.9970) and has adopted rules to carry out the law (see 28 Texas Admin. Code § 21.1007).
Texas doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Texas, check out Texas Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Texas law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination (unless the tenant owes back rent). If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Tex. Prop. Code Ann. § § 92.103, 92.104).
For more information about security deposits in Texas, check out Texas Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Massachusetts, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Massachusetts rental properties.
Courts in Massachusetts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Massachusetts are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Massachusetts Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Massachusetts doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, the resident of a condominium in Gloucester, Massachusetts, sued the condominium association after she was hospitalized within weeks of moving into her one-bedroom apartment on account of respiratory difficulty, skin rashes, and other health issues. The resident claimed that mold was to blame for her illness, and that the association failed to remove mold and correct a serious moisture issue in the building. After an eight-year court battle, a jury awarded the resident $549,326 (including $264,326 in interest). (Stevens v. Pirates Lane Condominium Trust, No. ESCV199600403, 2003 WL 23356169 (Mass. Super. Ct. 2003).) While this case concerns a condo, similar principles would probably apply in a rental setting.
Massachusetts doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Massachusetts, check out Massachusetts Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Massachusetts law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Mass. Gen. Laws Ann. ch. 186, § 15B).
For more information about security deposits in Massachusetts, check out Massachusetts Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Indiana, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Indiana rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Indiana are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
Indiana's state law has not codified these strategies, and so they may pose a challenge for tenants to pursue. SeeIndiana Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, although Indiana has enacted laws to regulate mold in schools and state agencies, the state has not yet specifically addressed a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, after tenants at an Indianapolis apartment complex discovered a widespread mold problem in their building, a tenant reported it to county health officials. In addition to being present in apartments, the mold affected common areas including stairwells and the laundry room, according to a press report. County inspectors visited the complex several times and issued orders for the landlord to address the problems through mold remediation as well as plumbing and other building repairs. In the meantime, the tenants reportedly stopped paying rent (as described above) until the mold issue was resolved.
Indiana requires sellers of residential buildings with up to four units to disclose in writing any known hazardous conditions, including mold (Ind. Code Ann. § 32-21-5-7). Indiana doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants.
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Indiana, check out Indiana Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Indiana law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Ind. Code Ann. § § 32-31-3-12, 32-31-3-14).
For more information about security deposits in Indiana, check out Indiana Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Ohio, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill. Here's what Ohio landlords (and tenants) need to know about mold and the law.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Ohio are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Ohio Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Ohio doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, tenants at an apartment in Louisville, Ohio, vacated their apartment following the discovery of mold that was allegedly caused by a water infiltration issue. After not being successful in recovering money under their renters' insurance policy, the tenants then sued the landlord to compensate them for losses to their personal property. The trial court awarded the tenants $12,261.98 in damages and found that the landlord's insurer must cover the claim. An appeals court affirmed the award but ruled that the landlord's insurance policy was inapplicable to this situation (Bair v. Kandel, 2015 Ohio 3181 (Ohio Ct. App. 2015).)
Ohio requires sellers of residential buildings with up to four units to disclose in writing any known damage from water intrusion, including mold (Ohio Rev. Code Ann. § 5302.30). The state disclosure form also requires sellers to inform buyers of any mold inspection results and subsequent remediation efforts.
Ohio doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers.
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Ohio, check out Ohio Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Ohio law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Ohio Rev. Code Ann. § 5321.16).
For more information about security deposits in Ohio, check out Ohio Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Virginia, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights when it comes to mold in Virginia rental properties.
Courts in Virginia have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Virginia are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Virginia Tenant Rights to Withhold Rent for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Virginia doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, the tenants of a rental house in Fluvanna County, Virginia, sued their landlord claiming that mold has made them sick and damaged their furniture. The family suffered a range of symptoms, from sinus and fungal infections to asthma, after first discovering mold behind the toilet in their bathroom, according to press reports. An inspection revealed high levels of aspergillus mold in the building. The medical bills, along with the costs of replacing damaged furniture and household items reportedly put the family $40,000 in debt.
Virginia’s law includes disclosure requirements that impose duties on both landlords and tenants. Virginia landlords must disclose any visible mold to tenants before they move in. If there is mold, tenants have the option to terminate the tenancy or not take possession of the unit. If the tenant decides to stay, the landlord must remediate the mold within five days. (Va. Code Ann. § 55.1-1215 (2020).) But tenants must promptly notify their landlord of any visible evidence of mold or even moisture accumulation that they notice. In addition, tenants must “use reasonable efforts” to maintain their apartment and prevent the “accumulation of moisture and the growth of mold.” (Va. Code Ann. § 55.1-1227(10) (2020).)
When a Virginia landlord needs to perform mold remediation, the landlord can require the tenant to temporarily relocate, but must provide alternate housing at no charge to the tenant (although the tenant is still responsible for paying rent). (Va. Code Ann. § 55.1-1231 (2020).)
Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Virginia, check out Virginia Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Virginia law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 45 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (Va. Code Ann. § 55.1-1226 (2020)).
For more information about security deposits in Virginia, check out Virginia Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Pennsylvania, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities in Virginia and tenant rights when it comes to mold in rental properties.
Courts in Pennsylvania have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Pennsylvania are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Pennsylvania Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Pennsylvania doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a Tobyhanna, Pennsylvania, tenant sued her landlord claiming that high concentrations of mold triggered a bronchial infection, causing her to be hospitalized. A jury found the landlord liable and awarded the tenant $150,000 in damages. The landlord asked the court to overturn the verdict on the grounds that the tenant didn't sufficiently prove that the mold was to blame for her breathing problems, and the landlord pointed to the lack of an agreed scientifically acceptable level of mold in a residential building. The court upheld the jury's verdict (Bodon-Soto v. Cohen, 32 A.3d 269 (Pa. Super. Ct. 2011)).
Pennsylvania doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Pennsylvania, check out Pennsylvania Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Pennsylvania law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant along with the written documentation of damage deductions (68 Penn. Conn. Stat. Ann. § § 250.512).
For more information about security deposits in Pennsylvania, check out Pennsylvania Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Illinois, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities in Illinois and tenant rights when it comes to mold in rental properties.
Courts in Illinois have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Illinois are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Illinois Tenant Rights to Withhold Rent or 'Repair and Deduct' for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Illinois doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages in court to compensate them for their loss. If a judge or jury agrees that the owner negligently created a mold problem or allowed one to continue at a property, the owner could be on the hook for any harm.
For example, the resident of a condominium in Des Plaines, Illinois, sued the condominium association to recoup expenses for water damage repair and mold remediation that she incurred after the association allegedly ignored her requests to address a water infiltration issue in her apartment. The trial court awarded the resident $5,497 in damages, plus $10,000 in punitive damages and an additional $12,000 in punitive damages as attorneys' fees, stating that the association neglected its duty to keep the "apartment dry, clean and safe from mold." An appeals court affirmed the trial court's decision, upholding the entire amount of the award. (Schuh v. Plaza Des Plaines Condominium Ass'n, 2014 IL App (1st) 131999 (Ill. App. Ct. 2014).) While this case concerns a condo, similar principles would probably apply in a rental setting.
Illinois doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Illinois, check out Illinois Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Illinois law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If this amount is less than the security deposit, you must return the remainder of the deposit to the tenant within 45 days of the tenant's lease termination (765 Ill. Comp. Stat. § 710/1).
For more information about security deposits in Illinois, check out Illinois Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>If you own or manage a rental property in Florida, a mold problem could present you with costly cleanup and repair bills as well as lawsuits from tenants claiming that the mold made them ill.
Read on to learn about landlord responsibilities and tenant rights in Florida when it comes to mold in rental properties.
Courts have recognized two common legal self-help strategies that some tenants choose to pursue following a mold outbreak in their apartment or rental home. The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. (Note that regardless of what may appear in a written lease with tenants, landlords in Florida are bound by the “implied warranty of habitability,” a legal doctrine that requires providing tenants with apartments in livable condition.) The second strategy, known as "repair and deduct," involves tenants taking care of mold cleanup on their own and then subtracting the cost from their rent.
See Florida Tenant Rights to Withhold Rent for more information about these strategies, including their limitations.
There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Florida doesn’t have any laws that specifically address a landlord’s duties or liability when it comes to mold prevention and remediation.
However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm.
For example, a local news channel investigation uncovered tenants at an Orlando, Florida, apartment complex living with serious mold, leaks, and flooding issues, as well as damaged electrical outlets that posed a fire hazard. The city reportedly fined the landlord $15,000 per day for 31 violations of its health and safety code.
Florida doesn't have any statutes or regulations that require landlords to disclose high concentrations of mold in rental properties to prospective tenants or buyers. Also, while federal law requires disclosures about lead paint, it doesn't impose a similar duty on landlords when it comes to mold.
Aside from any affirmative disclosure requirement, however, if you decide to list a property for sale, you should be ready with responses to questions potential buyers might ask about plumbing, humidity, and ventilation issues in your building.
To learn more about landlord disclosure requirements in Florida, check out Florida Required Landlord Disclosures.
If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. Florida law allows landlords to do this, provided they give the tenant a required notice with written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination. If the tenant doesn't object (within 15 days), then you must return the remainder of the deposit to the tenant within 30 days of the date of your written explanation (Fla. Stat. Ann. § § 83.49).
For more information about security deposits in Florida, check out Florida Security Deposit Limits and Deadlines.
Because so much is at stake, it's important to try to prevent a mold problem from growing in your rental property in the first place, as well as take prompt, effective action to remove excess mold that you discover.
]]>When a landlord takes these measures, it is highly unlikely that tenants could claim (successfully) that they are entitled to not pay rent because of the mold issue.
That said, some tenants who are unhappy with their landlord's handling of a mold problem might decide to withhold some or all of their rent.
Sometimes, tenant self-help measures are legal and justified, but the legality of these tactics depends on each state’s tenant remedies laws. Many states allow tenants to take matters into their own hands when a landlord fails to provide safe, habitable housing or refuses to respond to repair requests. The two tenant strategies that are most frequently allowed by states are:
To take advantage of these self-help remedies, tenants must follow the procedures laid out by state law. For example, most states require tenants to notify their landlord in writing about a mold problem and give their landlord a reasonable amount of time to address it before they can self-help.
Many states also limit the amount of money that tenants can spend when they repair and deduct. For example, tenants might be able to deduct a $100 repair to a leaky faucet from their rent, but wouldn’t be able to deduct a $1500 water heater repair bill—instead, the tenants would have to sue their landlord to make the repair or reimburse them. Also, these self-help remedies are usually reserved for situations in which an apartment is uninhabitable or there is a serious habitability issue. A minor mold issue won't provide tenants with ample legal justification to stop paying rent. Finally, tenants are not entitled to use either self-help strategy when they (or their guests) created the conditions that led to the mold problem.
]]>What is the implied warranty of habitability?
Landlords are required to keep rental premises livable—a legal doctrine called the “implied warranty of habitability.” This implied warranty comes from local building codes and state statutes that specify minimum requirements for essential services such as heat, water, and plumbing, as well as court decisions as to what constitutes decent housing. The source of the warranty determines landlord responsibilities and legal options, such as rent withholding, available to tenants:
See the Nolo article Tenant Rights to a Livable Space for more information on the implied warranty of habitability and details as to the real-world meaning of “fit and habitable.”
]]>Here’s how to get started identifying and fixing any radon problems that occur in your rental property—and your potential liability if you don’t.
The radon section of the EPA’s website has useful information and resources, plus a hotline (800-SOSRADON) to call with specific radon questions. Check out these resources, including a A Citizen’ Guide to Radon, and Consumer’s Guide to Radon Reduction, to educate yourself about potential radon problems and radon reduction techniques. The EPA also has lots of state-specific resources, such as links to health departments.
If radon may be a problem in your rental property, particularly if a tenant has expressed concern about radon and you live in an area that is naturally rich in uranium soil and rock, consider purchasing a radon kit (make sure it says “Meets EPA Requirements”) to test the air in your rental properties. Kansas State University’s National Radon’s Program Services sells inexpensive radon kits and has useful information on the subject.
Many landlords prefer to hire a professional radon contractor to test for radon in their rental properties and address any problems they find. The EPA radon resources mentioned above provide background information on the subject, and you can check with your state radon contact (available on the EPA website) as to radon measurement and certification requirements in your area.
Solving a radon problem means keeping radon out of the building. Good ventilation (opening windows, using fans) will disperse the gas in many situations, but these are really only temporary methods. Effective, long-term solutions include sealing cracks and openings in the foundation in order to keep radon out, or sucking the radon out of the soil before it enters the foundation or basement, and venting it into the air above the roof through a pipe. A professional radon contractor can suggest best options for your particular rental property.
A significant radon presence will make your rental property "uninhabitable," and your tenants will have many legal ways to respond, such as withholding rent, moving out, or suing you. See the Nolo article Tenant Options if Your Landlord Won’t Make Major Repairs for advice on the subject.
Only a few states have specific laws regarding landlord radon disclosures or tenant education. These include Florida (Fla. Stat. Ann. §404.056) and Illinois (under the Illinois Radon Awareness Act, 420 Ill. Comp. Stat. § § 46/15. 46/25). Regardless of your state law requirements, if you own rental property in an area known to have radon problems (see the EPA Map of Radon Zones for details), but don’t test, warn tenants, or take action, you could be sued for harm that tenants suffer as a result.
For a more detailed discussion of environmental health hazards in rental properties, see Nolo’s book Every Landlord’s Legal Guide (Californians should see The California Landlord’s Law Book: Rights and Responsibilities).
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