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GENERAL
Living or working in
rental units that contain elevated levels of airborne mold spores
and/or substantial mold growth contamination can cause very severe
health problems.
Landlords have ethical
and legal obligations to Tenants to provide an environmentally safe,
habitable space. Those obligations go unmet when a rental unit is
contaminated with mold.
Landlords may have legal liability to Tenants for such compensatory
damages as expenses for medical mold diagnostic and treatment
procedures, loss of earnings, mold damage to tenants' clothing and
personal property, moving expenses, any tenant-paid expenses (such as
mold inspection, testing, and remediation of the rental unit and
tenant possessions) as well as punitive damages awarded by a jury.
In Hayward, California, a jury in 2004 awarded $4 million dollars in
damages because of mold infestation and other substandard living
conditions on behalf of 124 past and present tenants of an apartment
building whose owner failed to do proper mold remediation and
maintenance of the mold contaminated apartments.
If the Landlord accurately and completely inspects and tests for mold
(due diligence) and provides complete disclosure to prospective
Tenants, and the Tenant’s have full and unrestricted opportunity to
inspect and test the rental unit thoroughly prior to signing the lease
agreement then the lease agreement may include a clause that releases
the Landlord and its rental manager, rental real estate agent/broker,
etc. from all mold liability to the Tenant.
AS A TENANT
As a
prospective tenant you should inspect the rental unit thoroughly and
have mold testing performed by a Certified Mould Inspector before
signing the rental agreement.
During the inspection you should do an all-around physical examination
of the building for both visible and hidden signs of both water damage
and mold growth. If you are doing the inspection yourself and you
are concerned about something that you find you should have a
Certified Mould Inspector verify your findings before signing the
lease agreement. The inspector should mold test the air and any
visible mold growth in all rooms, the basement, crawl space, attic,
garage, plus the airflow from each HVAC system.
AS A LANDLORD
Do not offer the property for rent until after a thorough mold
inspection and mold testing of the entire rental building or of
individual rental units (prior to rental) determines that the property
is mold-safe for tenants to live or work in.
If there has been a plumbing line break or leak, roof or siding leaks,
flooding, storm damage, or other water intrusion problems, the
building should be thoroughly and promptly mold inspected, tested,
and remediated as part of the water damage repairs and restoration.
If
the mold inspection and testing uncovers visible or hidden mold
problems, then immediately perform mold remediation. Only use a
Certified Mould Remediator and perform independent “clearance testing”
of the building after remediation has been completed to ensure
successful removal of the contamination.
Never hide or conceal mold contamination by deceptions such as
painting over mold growth, concealing mold growth behind stored
items, furniture, furnishings, and decorations and masking the
distinctive smell of mold growth with air fresheners and deodorizers.
Mould contamination does not go away on its own, the problem only gets
worse the longer it is left.
Disclose in writing to all prospective tenants any previous or present
building water and mold problems, and what the Landlord has done, if
anything, to correct such problems. Attach these water damage and
mold disclosures to the rental agreement so that the tenant
acknowledges receipt thereof.
For a Mould
Inspection, please click
here.
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