Is a Landlord Responsible for Mold?

California was the first state in the country to pass a law dealing with toxic mold in residential rental property when the Toxic Mold Protection Act went into effect in 2001. The law establishes requirements for landlords when residential rental properties are infested with mold.

A landlord’s responsibilities associated with mold in a rental property are twofold. First, he must disclose that information to a tenant or prospective tenant if he has knowledge of mold in the residence. Second, a landlord with knowledge of mold in the premises must make a reasonable effort to both remove existing mold and to resolve the cause of the mold. For example, he must repair a leaky pipe if that appears to be the cause of the mold problem.

A landlord must make a reasonable effort to determine whether mold is on the premises. A landlord is not relieved from liability for providing notice and resolving a mold condition if he did not know of the problem but would have been aware of it if he had taken steps to determine whether mold was present.

California law and the laws in many other states impose a reasonable time frame standard for landlords to take care of mold conditions. What this means is that the landlord must eliminate the mold on the premises as soon as is reasonably possible. Because mold conditions can vary from one situation to the next, the amount of time necessary to eliminate the problem necessarily varies. Landlords nonetheless cannot unduly delay the process of eliminating the mold. Typically, the time period is a few days, but it can vary by state and local ordinance.

A recurring misconception is that the tenant becomes responsible for dealing with a mold problem after entering into a lease with the property owner. Although the landlord might hold a tenant financially responsible for mold removal if the mold occurred due to the negligence of the tenant, the landlord still typically maintains a legal obligation to remove the mold.

A landlord who fails to provide notice about a mold problem or fails to correct a mold issue may face liability for any damages suffered by a tenant. A tenant can seek payment for property damage, health problems and any costs incurred because of the presence of mold on the premises.