What Are the Health Risks of Having Mold in a Residence?
There are different types of molds that can grow inside an individual’s residence. There are also many different locations mold can grow, such as on walls, clothes, books, and more.
Common examples of molds that grow inside homes include:
- Cladosporium: This type of mold typically grows on fabrics and wood surfaces.
- Aspergillus: This mold usually grows inside on dust and building materials, such as drywall.
- Penicillium: This mold commonly grows as a result of water damage.
Molds can grow with a variety of forms, textures and colors. They may be black, yellow, white, green, or blue.
Having mold inside a home can cause property damage and health issues. Examples of health issues that are commonly associated with having mold in a residence include:
- Allergic reaction: Mold may result in red eyes, skin rashes, runny nose, sneezing and other issues.
- Respiratory issues: This may include shortness of breath, coughing, wheezing, and asthma attacks.
- Infection of the lungs: Mold may cause lung infections in individuals who have compromised immune systems or chronic lung diseases.
- Central nervous system issues: These may include headaches, mood changes, and memory issues.
- Other health issues: Mold may also cause dizziness, upper respiratory infections, and sore throats.
If an individual has a particular sensitivity or allergy, the presence of mold may even prove to be fatal, especially if the individual as:
- Allergies
- An existing respiratory issue
- A weakened immune system
If an individual believes they are suffering health issues from mold in their residence, they should also go to their doctor to document their symptoms and see if testing is available for the presence of mold in their system. Their doctor will likely take their medical history and may order blood testing.
What Are a Landlord’s Duties Regarding Mold?
As in the majority of states, the property laws in Texas outline various duties and requirements for Texas landlords. Specifically, a landlord’s duties include keeping the premises safe and making repairs as required by the condition of the property.
In addition, a landlord’s failure to comply with the duties and requirements of Texas property laws may lead to legal liability as well as penalties for the landlord. For instance, the Texas Deceptive Trade Practices Act requires landlords to disclose facts about a property that could strongly influence a prospective tenant’s decision to rent it. This includes disclosing knowledge about current issues with the property, such as mold infestations or water leaks.
In most cases, a landlord will provide this information to avoid any possibility of future lawsuits. Also, if a prospective or current tenant asks about any of these issues, a landlord must answer them truthfully.
However, a landlord may not answer truthfully, and a tenant may discover an issue that the landlord previously knew about. In this case, the landlord can face serious legal consequences for making false misrepresentations about the problem. This is especially true when it comes to issues with mold and toxins.
Does a Landlord Have a Duty to Remove Mold from a Rental Property?
The Texas Property Code requires a landlord to address and repair certain conditions that may affect the physical health and safety of a Texas tenant. In general, a Texas landlord must “make a diligent effort” to fix a problem when all of the following factors are met:
- A tenant provides sufficient notice of the issue to the person who regularly accepts the rent, e.g., a landlord or management company
- The tenant is not delinquent or behind on rent payments at the time the issue occurs
- The issue materially affects the physical health, safety, or overall well-being of an “ordinary tenant”
- The tenant, a tenant’s family member, or a tenant’s guest did not cause the issue (e.g., mold) in question
One thing a landlord must be sure not to do is engage in self-help eviction to try to solve any issue involving a tenant and a mold problem. That would only add to their problems.
What if the Tenant Has Caused the Mold Problem?
In general, a landlord is not responsible for repairing mold damage if a tenant or a guest of the tenant’s caused the mold problem. The same holds true when a tenant or someone the tenant knows causes water damage to a property.
However, if the tenant did not cause the mold problem, Texas renters have several rights regarding mold, such as:
- A Texas tenant has a right to end their lease and move out if a landlord refuses to remove the mold
- They may file a lawsuit against the landlord in a Texas court
- They can hire a contractor to remove the mold and deduct the cost of the mold removal from their rent
- It is important to note this remedy is only available under certain circumstances.
- They may obtain a court order to require the landlord to remove the mold
- Various other remedies depending on the terms of their rental agreement
Can a Landlord Rely on a Waiver to Avoid Repairing Mold Problems?
In general, a landlord may not rely on a waiver to avoid repairing mold damage. According to Texas state law, a landlord has a statutory duty to make repairs for certain conditions that a tenant can never waive. In other words, a Texas landlord has an affirmative duty to abide by these Texas statutory requirements regarding repairs in almost all instances.
One issue that frequently arises in connection with waivers is whether a landlord and tenant have agreed to specific terms or included a certain clause in a rental agreement, i.e., a lease.
While creating a lease agreement is clearly an acceptable practice, the terms of the agreement must comply with Texas state laws. Accordingly, any attempts to waive mold repair requirements in such an agreement can make it invalid or unenforceable regarding a particular term.
One important final note about waivers and repairing mold problems is that the Texas Property Code provides some exceptions. According to the Texas Property Code, PROP § 92.056, a tenant may not waive requirements that affect the physical health or safety of the tenant unless:
- The landlord and tenant enter into an agreement that the tenant will repair or remedy any issues at the landlord’s expense
- The landlord and tenant agree that a tenant repair or remedy problems at the tenant’s expense, but only if the following conditions are met:
- They agree at the beginning of the lease term, and the landlord owns only one rental unit at that time
- There are no conditions that would affect the health or safety of the tenant at the beginning of the lease term
- The landlord has no reason to believe that any health or safety issues would occur during the lease term
- The lease is in writing and uses specific and clear language
- The landlord and tenant agree that the tenant will pay for repairs for any of the following conditions, but only if those conditions were not caused by the landlord’s negligence:
- Damage to doors, windows, or screens
- Damage from doors or windows left open
- Damage from wastewater stoppage caused by foreign objects discovered in pipelines that exclusively serve the tenant’s unit
Therefore, if a landlord and tenant wish to enter into a formal rental agreement, then it may be in both parties’ best interests to hire separate lawyers. A local Texas attorney can make sure that the agreement complies with the Texas Property Code and other state laws. A lawyer can also ensure that the agreement was formed in accordance with contract laws and that their client did not sign away any important rights.
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How Long Does a Landlord Have to Fix a Mold Problem?
A landlord has a reasonable amount of time to fix a mold problem, and seven days is generally considered a reasonable amount of time. However, the court can consider a different length of time to be reasonable on the basis of the following factors:
- The date the landlord received the notice
- The severity of the mold condition
- The nature of the mold condition
- The availability of materials, labor, and the necessary utilities
Generally speaking, after learning of a mold condition in a rental property, a landlord would want to respond promptly.
What Are Some Actionable Steps Tenants Can Take for Mold Issues in Texas?
There are several important steps tenants in Texas can take when they have a mold issue in their residence, including:
- Documenting the presence of the mold using photos and videos
- Sending a written notice of the mold issue to their landlord
- Scheduling a legal consultation if their mold issue is not resolved
Documenting the presence of mold using photos and videos
Documenting the presence of the mold is one of the most important steps a tenant can take. They should make sure to record the date and the location of the mold in their residence.
It is also important to document any potential causes of the mold, such as leaks.
Sending written notice of the mold issue to their landlord
A tenant will need to be able to show that their landlord did receive notice of their mold issue. One of the best ways to do this is to send the notice to the landlord using a service that requires a signature.
Additionally, a tenant can send the notice in multiple formats, such as phone messages, emails, and letters.
Scheduling a legal consultation if their mold issue is not resolved
A tenant can schedule a legal consultation at any time during their mold issue, even at the very beginning. This will help them ensure they take the proper steps under Texas law to resolve their issue.
If a tenant has notified their landlord and no steps have been taken, it is time to ask for legal assistance. In some instances, all it will take is a letter from an attorney to get a landlord to take action.
Can I Sue My Landlord for Mold Exposure?
One of the primary issues concerning mold damage is that it not only affects property but may also lead to injuries or illnesses. For instance, it can create new harm to people who were not previously sick. It can aggravate existing conditions that people might already have, such as asthma.
Toxic mold is a major concern if it is discovered in central air conditioning, heating, or other types of vents that pump air to the rest of the household. The reason why finding mold in vents is so dangerous is because it can spread through those vents and expose tenants to its toxins from simply breathing.
This can have a detrimental effect on several people involved in a single incident of exposure and can often spread to other parts of a building. For instance, if it spreads throughout an entire apartment complex or is found in other multiple-resident dwelling places like a condominium or co-op building.
Thus, if a landlord knew or should have known about a water leak or mold growth in a rental, then they might be legally responsible for any resulting injuries, health problems, and damage to personal property that was caused by the mold infestation.
A Texas tenant may also file a mold lawsuit in a Texas court. A judge or jury could determine that a landlord was negligent in their maintenance of the premises or made fraudulent misrepresentations about a serious mold issue.
If this is the case, the landlord could potentially owe a significant amount in damages to an injured tenant. Damages received may compensate the victim for costs like medical expenses, lost wages, property damage, and pain and suffering.
Do I Need a Texas Lawyer to Help Deal With My Mold Problem?
If you are a Texas landlord, property owner, or tenant, who is experiencing issues with mold, then you want to consult a Texas landlord-tenant lawyer as soon as possible. As a landlord or property owner, your lawyer can explain your duties and the possible consequences you may face for not remedying the mold issue.
As a tenant, your attorney will explain your rights and determine whether or not you may have a claim against your landlord. You may have many questions, such as:
- What are my rights as a tenant if I find mold in Texas?
- Can I sue my landlord for mold exposure in Texas?
- How long does a landlord have to fix mold in Texas?
Your lawyer will be able to help you with the answers to all of these questions and more. In addition, your attorney will advise you regarding the steps you need to take and will help you throughout the process of resolving your mold issue.
LegalMatch.com can connect you to an experienced landlord-tenant lawyer who can recommend the best course of action to take and can assist you with whichever legal process you choose to resolve the issue. Mold issues can have a significant impact on your health, so it is important to take action as soon as you can with help from LegalMatch.
