Mold in Home: Know Your Rights as a Tenant

As a renter, it is essential to know your rights as a tenant. If you have mold in your home, we're walking you through the appropriate steps.
Dooley Noted, Business Lawyer, Estate planning, Restaurant Lawyer, Insurance Dispute attorney, Alternative Dispute Resolutions

Staff Writer

Staff Writer, @DooleyNotedLaw

Recommended for you

Uninsured in an Accident: Everything You Need to Know

Uninsured in an Accident: Everything You Need to Know

If you are involved in a collision, and the other driver is uninsured in an accident, what do you do? A situation like this is often confusing and frustrating, especially if you are unfamiliar with the law. This blog post will discuss everything you need to know about...

If you have mold in your home, your health may be at risk. Therefore, it is crucial to take it seriously. Mold growth can cause serious health problems, including respiratory infections, asthma, and other allergies. However, removing mold can be tricky if you don’t own the home. If your landlord isn’t taking care of the issue, remember that you have specific tenant’s rights.

Is Mold the Landlord’s Responsibility?

In Texas, it is the landlord’s responsibility to remove conditions that “materially affect the physical health or safety of an ordinary tenant.”

Unfortunately, the law doesn’t explicitly mention mold. However, your landlord is obligated to address anything that could potentially harm you as a tenant. They are obligated to ensure their property is safe. This is your tenant’s right, especially if you pay your rent on time and give your landlord proper notice to fix the mold issue.

How long can a landlord take to fix mold?

How you tell your landlord about the mold in your home will affect how quickly they have to take care of it. For example, they might have up to 30 days if you tell them verbally. But if you tell them in writing (certified mail, return receipt, or any other method with a tracking number), they may have to fix it sooner.

Further, landlords are sometimes required to immediately take care of mold problems if they are considered emergencies. For example, if there is so much mold that it is causing severe health problems for your family.

If your landlord does not fix a mold problem, you may be able to break your lease without any penalties. However, it is always best to speak with a lawyer in Texas before taking any legal action against your landlord. They can help you determine whether or not you have a valid case and what is the best course of action.

What if my landlord refuses to fix mold?

If your landlord doesn’t fix a mold problem, or if they don’t do it promptly, there are three avenues you can take.

Hire a contractor to do the job. 

You could deduct the cost from your rent payments. However, it’s vital to consult with a real estate lawyer in Texas first. A real estate lawyer will ensure that you and your landlord follow the specific rules and regulations.

End the lease.

If the mold makes the property uninhabitable, you could end the lease without penalty. However, you would need to provide written notice to your landlord. Moreover, you need to allow them a reasonable amount of time to fix the problem. If they don’t make the necessary repairs, you can move out.

File a lawsuit. 

This should be a last resort because it can be costly and time-consuming. However, if the mold is causing you serious health problems, it may be worth pursuing legal action.

No matter what you decide to do, it is essential to keep records of everything related to the mold in your home. This includes correspondence with your landlord (emails, letters, etc.) and receipts for any repairs or remediation you paid for out-of-pocket. Additionally, you should keep photos or videos documenting the mold.

What if my health has been affected by the mold in  my home?

If you are sick because of the mold in your home, you may be able to file a personal injury lawsuit against your landlord. For your claim to be successful, you will need to prove that the landlord knew about the mold and did not take action to fix it. You will also need to show that the mold caused your injuries.

If the mold in your rental unit causes you health problems, it is essential to contact a personal injury lawyer immediately. The landlord ensures that the property is safe and free of hazards. Therefore, it’s crucial to have an experienced personal injury lawyer in Texas knowledgeable in real estate law. They will understand the legal rights of both landlord and tenant. Additionally, they can help you gather evidence and build a strong case against them.

Why hire a Real Estate Lawyer in Texas?

Dooley Noted Law is a full-service law firm that can help you if you are a tenant with mold in your home. Our real estate lawyer in Texas is experienced with mold cases and can get you the money you deserve. Contact Dooley Noted today to schedule a consultation.

If you have gotten sick because of the mold in your rental unit, you might be able to take legal action against your landlord. Dooley Noted will help guide you through the legal process and get the best possible outcome for your case.

The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.

Recommended for you

Uninsured in an Accident: Everything You Need to Know

If you are involved in a collision, and the other driver is uninsured in an accident, what do you do? A situation like this is often confusing and frustrating, especially if you are unfamiliar with the law. This blog post will discuss everything you need to know about...