We urge you to consult and obtain medical advice from a licensed, trained, and competent medical provider for concerns with health issues. In South Carolina, there are no laws to protect you or force your landlord to clean it up. Health & Safety Code § 26147). New York - Landlords of buildings with three or more apartments — or buildings of any size where a tenant has asthma — are required to keep tenants’ homes free of mold and pests. Louisiana - Under default Louisiana law, a Louisiana landlord has the obligation to maintain the leased premise in a suitable condition for the purpose for which it was leased. To learn more about the laws where you live, contact your local Health Department. Maine - It is a legal obligation to ensure the unit is habitable, free from medical and safety threats as well as ensuring the tenant is comfortable in the location. The moratorium applies only to tenants who meet certain requirements and provide a signed form declaration (on the previous page) to their landlords. 4. https://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html, https://www.nolo.com/legal-encyclopedia/maryland-rules-regarding-mold-rental-properties.html, 6. https://www.cga.ct.gov/2018/rpt/pdf/2018-R-0233.pdf, 7. https://www.nolo.com/legal-encyclopedia/florida-rules-regarding-mold-rental-properties.html, 8. https://www.hud.gov/states/hawaii/renting/tenantrights, 9. https://www.legalmatch.com/law-library/article/landlords-duties-regarding-mold-in-montana.html, http://metcouncilonhousing.org/help_and_answers/mold, https://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html, https://www.cga.ct.gov/2018/rpt/pdf/2018-R-0233.pdf, https://www.nolo.com/legal-encyclopedia/florida-rules-regarding-mold-rental-properties.html, https://www.hud.gov/states/hawaii/renting/tenantrights, https://www.legalmatch.com/law-library/article/landlords-duties-regarding-mold-in-montana.html, landlords in all regions, including Severn, Cal. § 42-42). This extends to the maintenance of things such as roofs, windows, and pipes from which water can leak and cause mold. The Health Department does not have a program with enforcement authority to address mold complaints inside a residential property. California – Residential landlords must provide written disclosure to prospective and current tenants of affected units when the landlord knows or has reasonable cause to believe, that mold, visible, invisible, or hidden, is present that affects the unit or the building. This extends to the maintenance of things such as roofs, windows, and pipes from which water can leak and cause mold. Read More, What should you do? 3. However, Minnesota Law (Minn. Stat. Tenants have certain rights where conditions in the premises materially affect the health or safety of the tenant. An owner who fails to give such notice must be liable in tort to the tenant and the tenant’s family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease (Ga. Code Ann. Health & Safety Code §§ 26147 and Cal. Can A Landlord Keep Your Security Deposit? Oregon – The landlord is legally required to keep the rental “habitable,” which is legalese for livable. Florida – There is currently no federal law covering a landlord’s responsibilities when it comes to mold. Code 12-5-25:8) establish habitability standards for rental dwellings, including the requirement that dwelling units “be maintained to be free from the regular or periodic appearance of standing water or excessive moisture which may result in visible mold growth. If you decide to rent the apartment, you'll have noted any damages and won't be charged for repairs of those items when you move out. The moratorium became effective on September 4, 2020 and lasts through December 31, 2020. Maryland – Landlords are under no obligation to have their rental properties tested for mold contamination before allowing a tenant to move-in. Admin. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold (preferably in writing, in order to establish a record). That means that the landlord must make any repairs necessary to stop the growth of mold in the unit. 1. http://metcouncilonhousing.org/help_and_answers/mold, 2.https://www.nolo.com/legal-encyclopedia/mold-rentals-landlord-liability-responsibility-prevention-30230.html. There are no legal requirements specific to mold in most residential settings. Rhode Island – There are no current, specific, mold regulations. South Dakota - Requires sellers of a residential property to provide a form disclosing known hazardous conditions including radon, mold, methane gas, lead paint, asbestos insulation, urea-formaldehyde foam insulation, and toxic materials, as well as any known testing for such conditions. However, no tenant wants exposure to harmful species such as Stachybotrys chartarum (black mold). South Carolina – State law does not protect tenants from mold. Colorado - A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to promptly notify the landlord if the residential premises are uninhabitable or if there is a condition that could result in the premises becoming uninhabitable if not remedied (Colo. Rev. This Move-In check list will help you make notes about any existing damage to the apartment. Licensed professionals may only perform services they are licensed to conduct. However, should a tenant discover mold within the home after the fact, it then becomes the landlord’s legal responsibility to assess and solve the issue, including payment for the removal of all contaminants. New York – Landlords of buildings with three or more apartments — or buildings of any size where a tenant has asthma — are required to keep tenants’ homes free of mold and pests. To be subject to the disclosure requirement, the mold must either exceed the permissible exposure limits to molds established by law or pose a health threat according to the department’s guidelines. Mississippi – Under Mississippi law, a tenant must inform the landlord if he or she has actual knowledge of any condition that may cause damage to the premises (Miss. Keep in mind however, under Michigan law landlords have a duty to maintain the unit in a habitable condition. In an attempt to shield themselves from liability due to illness resulting from mold, some landlords insert mold clauses in the rental agreement that provides the landlord immunity from liability in such cases.

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