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Tenant and landlord rights and responsibilities

Mold Guides for Real Situations

Start with the guide that matches your situation: renters, landlords, state laws, home buying, home selling, and real estate professionals.

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Renters

Know your rights as a renter dealing with mold. Landlord obligations, legal remedies, and documentation guidance.

Landlords

Landlord obligations for mold issues. Legal requirements, best practices, and protecting yourself from liability.

State Mold Laws

State-by-state guide to mold laws and regulations. Find specific legal requirements and tenant protections in your state.

Buying a Home

What to know about mold when purchasing a home. Inspections, disclosure laws, negotiating repairs, and when to walk away.

Selling a Home

What sellers need to know about mold disclosure requirements, pre-sale inspections, remediation decisions, and liability protection.

Real Estate Pros

Resources for real estate professionals navigating mold issues in transactions, inspections, and property management.

Frequently Asked Questions

Is there a federal mold law?
No. Currently there is no federal standard for acceptable mold levels in residential buildings and no comprehensive federal mold law. However, all states have an "implied warranty of habitability" that requires landlords to maintain rental properties in livable condition. Mold that affects health or habitability falls under this requirement. Some states (California, Texas, Virginia, New York, and others) have additional mold-specific regulations. See our state-by-state guide for details.
What is the implied warranty of habitability?
Every residential lease includes an implied warranty that the property is fit for human habitation. This means landlords must maintain essential services, keep the property weatherproof and structurally sound, and address conditions that affect health or safety. While "mold" isn't always specifically mentioned, moisture problems that lead to mold typically violate habitability standards. This warranty exists in all 50 states but varies in scope and remedies. For context on how mold affects habitability, see our guides on health effects and mold basics.
Which states have specific mold laws?
Several states have explicit mold regulations. California requires mold disclosure and has specific landlord responsibilities under Health and Safety Code. Texas requires landlords to remedy mold if proper notice is given. New York City has Local Law 55 (Asthma-Free Housing Act) classifying mold as a health hazard. Virginia explicitly includes mold in habitability duties. Florida requires landlords to maintain healthy premises but lacks specific mold disclosure laws. Always check your specific state and local laws.
What if my landlord blames me for the mold?
Tenants do have some responsibilities, including reporting leaks promptly, maintaining reasonable cleanliness, and not blocking ventilation. However, if mold results from building issues (roof leaks, plumbing failures, inadequate ventilation design, foundation problems), those are landlord responsibilities. Document everything: when you reported issues, the response, photos with timestamps. If the moisture source is structural, that's generally the landlord's obligation. Understanding what causes mold to grow can help you identify whether the issue is structural. Professional testing can provide documentation for disputes.
Can I withhold rent for mold?
This depends entirely on your state and local laws. Some jurisdictions allow rent withholding or escrow under specific conditions (proper written notice, reasonable time for repairs, etc.). Others don't permit it at all. Withholding rent improperly can result in eviction. Before withholding, research your specific state's laws or consult with a local tenant rights organization or attorney. If mold is causing health problems, document symptoms and medical visits.

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This is educational content, not legal advice. Laws vary by state and locality. For advice specific to your situation, consult a licensed attorney or local tenant rights organization.