Landlords must almost always address mold issues the tenant didn’t cause. Tenants must fix mold problems that their deliberate or irresponsible actions create. Most mold issues fall under rules requiring general cleanliness on rental property.
States With Specific Mold Statutes
Six states have statutory housing requirements related to mold. These sometimes add responsibilities beyond the basic duty to address mold as a health and safety hazard.
| State | Statutory Requirement(s) |
| California | Landlords don’t have to test for mold. Visible mold growth qualifies a property as substandard under California housing law. |
| Colorado | Landlords must begin containment within 72 hours of receiving notice about mold. This includes installation of a filtration device. |
| North Carolina | Leaks or inadequate drainage, which may contribute to visible mold growth, are an imminently dangerous condition. |
| Vermont | It is a health code violation to allow “standing water or excessive moisture, which may result in visible mold growth.” |
| Virginia | Landlords must prevent mold growth, fix mold issues, and disclose past mold issues to current and prospective tenants. |
| Washington | Landlords must provide approved information to tenants about reducing mold hazards. They also must fix mold issues that weren’t caused by the tenant’s lack of ordinary care. |
Many local codes provide standards for mold issues, even when the state law is silent.
States Without Specific Mold Statutes
Most states lack specific statutes addressing mold issues. Such states make fixing mold part of a landlord’s basic duties for health and safety. However, there’s not usually any requirement for a landlord to disclose past mold issues which aren’t causing current problems.
Since mold has a serious impact on tenant health, landlords must promptly fix mold issues the tenant didn’t cause. Landlords generally can make tenants address mold they caused, if the problem doesn’t threaten other units on the property.
Consequences for Failure To Fix Mold Issues
Landlord failure to fix mold issues as required is a serious housing violation. State laws vary widely, but if a landlord doesn’t clear mold after proper notice from the tenant, a tenant can often stop rent payments and/or move to alternative accommodation.
The following remedies often are also available:
- Forcing compliance via court order
- Suing the landlord for costs of the violation (monetary damages)
- Reporting the landlord to housing authorities
- Ending the lease and moving out (for major violations)
Sources
- 1 Colo. Rev. Stat. § 38-12-503(12)
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(a) Unless the circumstances described in subsection (3)(b)(I) of this section prevented a landlord from commencing remedial action, the landlord shall commence remedial action within the period described in subsection (2)(b) of this section upon having notice of:
(I) Mold associated with dampness in a dwelling unit; or
(II) Any other condition causing the residential premises to be damp, which condition, if unremedied or unrepaired, could create mold or would materially interfere with the life, health, or safety of a tenant.
(b) The remedial action required pursuant to subsection (12)(a) of this section must include performing all of the following applicable tasks within a reasonable amount of time:
(I) Mitigating immediate risk from mold by installing a containment, stopping active sources of water contributing to the mold, installing a high-efficiency particulate air filtration device to reduce a tenant’s exposure to mold, and performing all of these tasks within seventy-two hours after receiving notice of the condition;
(II) Maintaining the containment described in subsection (12)(b)(I) of this section throughout the remediation and repair process;
(III) Establishing any additional protections for workers and occupants that may be appropriate given the condition;
(IV) Eliminating or limiting moisture sources and drying all materials impacted by the mold or dampness;
(V) Decontaminating or removing materials damaged by mold or dampness;
(VI) Evaluating whether the residential premises has been successfully remediated, including post-remediation testing for the existence of mold; and
(VII) Reassembling the residential premises to control sources of moisture to prevent or limit the recurrence of mold or dampness.
(c) If the condition described in subsection (12)(a) of this section would interfere with the tenant’s life, health, or safety, the landlord must provide, at the request of the tenant, a comparable dwelling unit or hotel room in accordance with subsection (4) of this section.
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