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Overview
Texas is one of the few states with specific mold legislation. The Texas Mold Assessment and Remediation Rules, codified in Texas Administrative Code Title 16, Chapter 78, establish licensing requirements for mold assessors and remediators. Texas Occupations Code Chapter 1958 governs the regulation of mold professionals and requires that mold remediation affecting 25 contiguous square feet or more be performed by licensed contractors. Senate Bill 1255, signed by Governor Abbott on June 20, 2025 and effective September 1, 2025, made significant changes including removing mycotoxins from the legal definition of "mold" and creating new exemptions for demolition work after disasters. While Texas Property Code Chapter 92 does not specifically mention mold, Section 92.052 requires landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant, which courts have applied to mold issues. [Texas Occupations Code Chapter 1958 - Mold Assessors and Remediators]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Repairs Affecting Health and Safety
Texas tenants have the right to request repairs for conditions that materially affect their physical health or safety, including serious mold problems. The landlord must make a diligent effort to repair the condition after receiving proper notice from the tenant. Tenants must be current on rent when giving notice to enforce most repair rights.
Right to Proper Notice and Response
After tenants provide written notice of a mold problem, landlords have a reasonable amount of time to repair the condition. Under Texas law, seven days is presumed to be a reasonable time for repairs. If the landlord fails to act, tenants may send a second written notice and pursue legal remedies.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental properties in a condition that does not materially affect the physical health or safety of tenants. This includes addressing mold problems that pose health risks, fixing water leaks, and ensuring proper ventilation. The landlord must make a diligent effort to repair these conditions after receiving notice.
Respond to Repair Requests Within Reasonable Time
After receiving proper notice from a tenant about mold or other conditions affecting health and safety, landlords must make repairs within a reasonable time. Texas law presumes seven days is a reasonable time, though this may vary based on the severity of the problem and availability of materials and labor.
Remedies Available to Tenants
Rent Withholding
Not Available: Texas law generally does not allow tenants to withhold rent solely because a landlord fails to make repairs. The landlord's duty to repair and the tenant's duty to pay rent are treated as separate obligations under Texas law. Withholding rent without a court order may give the landlord grounds to file an eviction. Instead, tenants should file a repair and remedy lawsuit in justice court, where a judge can order repairs, rent reductions, and damages. Tenants must be current on rent when giving notice of needed repairs to enforce their rights.
Repair and Deduct
Available: Texas Property Code Section 92.0561 allows tenants to make repairs and deduct the cost from rent under very limited circumstances. The deduction cannot exceed one month's rent or $500, whichever is greater. This remedy is primarily available for specific conditions such as backup of raw sewage, flooding from broken pipes, or total loss of potable water. The tenant must provide written notice stating intent to repair, and repairs must comply with building codes. This remedy is not recommended without legal advice, as improper use can result in penalties under Section 92.058.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Texas
Understanding Texas's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Texas's Varied Climate Regions
Texas spans multiple climate zones from humid subtropical in the east (Houston averages 75% humidity) to semi-arid in the west. The Gulf Coast region experiences year-round high humidity, averaging 55-65 inches of rainfall annually. Central Texas has a more moderate climate, while West Texas is arid. This diversity means mold risk varies significantly across the state, with eastern and coastal regions facing the greatest challenges.
High Humidity Belt Risk
Eastern Texas and the Gulf Coast region rank among the highest mold-risk areas in the nation. Houston, with its combination of high humidity, frequent rainfall, and hurricane exposure, has particularly significant mold challenges. Studies indicate that approximately 50% of homes in humid regions of Texas show signs of dampness or mold. The I-35 corridor marks a rough dividing line between higher and lower mold risk regions.
Texas Mold Health Impact
Texas ranks high nationally for mold allergies, with approximately 20% of the population affected by mold-related allergic conditions. The Texas Department of State Health Services notes that mold exposure is a significant contributor to respiratory illness, particularly in coastal areas. After Hurricane Harvey in 2017, health officials documented a surge in mold-related health complaints throughout the affected regions.
Hurricane and Flood Exposure
Texas faces significant hurricane risk along its 367-mile Gulf Coast. Hurricane Harvey (2017) caused unprecedented flooding in Houston, affecting over 200,000 homes and creating widespread mold problems. Post-hurricane mold remediation has become a major concern, with FEMA and CDC documenting extensive mold exposure in disaster-affected communities.
Licensed Mold Professional Requirements
Texas is one of few states requiring licensed professionals for significant mold remediation. Any mold work affecting 25 or more contiguous square feet must be performed by a TDLR-licensed mold remediation contractor. This licensing requirement helps ensure quality work but also means tenants should verify their landlord uses properly licensed professionals.
SB 1255 Changes (September 2025)
Senate Bill 1255, effective September 1, 2025, made significant changes to Texas mold law. The bill narrowed the definition of "mold" by removing references to mycotoxins, focusing instead on visible mold growth. It also created exemptions for demolition of structures after fires or other disasters. TDLR is reviewing and updating administrative rules to implement these changes.
Common Mold Types in Texas
The Gulf Coast region faces the highest mold diversity due to year-round humidity exceeding 70%. Houston and surrounding areas are particularly affected by Stachybotrys after flooding events. Western Texas sees lower mold prevalence due to arid conditions.
Stachybotrys chartarum (Black Mold)
Often called "toxic black mold," this species thrives in chronically wet conditions and produces mycotoxins. Common after flooding and water damage events. The Ballard case brought national attention to this species in Texas.
Aspergillus
One of the most common indoor molds, with over 180 species. Can cause respiratory problems and aspergillosis in immunocompromised individuals. Thrives in humid coastal areas of Texas.
Cladosporium
Very common in both outdoor and indoor environments. Frequently found on fabrics, wood surfaces, and HVAC systems. Can trigger allergic reactions and asthma symptoms.
Penicillium
Rapidly spreads and can be found on water-damaged materials. Produces musty odors and can cause allergic reactions. Common in Texas homes with humidity problems.
Mold Professional Requirements in Texas
Mold Assessment Licensing
Texas requires licensed professionals for mold assessment. The Texas Department of Licensing and Regulation (TDLR) issues licenses for Mold Assessment Technicians and Mold Assessment Consultants. Technicians must complete 24 hours of accredited training and pass a state exam. Consultants must complete 40 hours of training, have 12 months experience, and pass an exam.
Certifying Body: Texas Department of Licensing and Regulation (TDLR)
Mold Remediation Licensing
Any mold remediation affecting 25 contiguous square feet or more must be performed by a TDLR-licensed Mold Remediation Contractor. Contractors must complete 40 hours of accredited training, pass a state exam, and maintain $1 million in commercial general liability insurance. Workers must complete 4-hour training. A 5-day advance notification to TDLR is required before starting remediation projects.
Certifying Body: Texas Department of Licensing and Regulation (TDLR)
Regulatory Agency
Texas Department of Licensing and Regulation (TDLR)
Visit Website → | Phone: 1-800-803-9202
Mold Legislation in Texas
Enacted laws, pending bills, and historical legislation related to mold in Texas.
Enacted Laws
Chapter 1958, Occupations Code: Texas Mold Assessment and Remediation Act
Requires state licensing for mold assessment consultants and remediation companies. Projects involving 25 or more contiguous square feet of mold require licensed professionals. License holders must carry at least $1 million in liability insurance.
Impact: Made Texas one of the first states to require mold professional licensing, setting a national precedent.
Implied Warranty of Habitability
Texas recognizes an implied warranty of habitability requiring landlords to maintain rental properties in a condition fit for human habitation. Under Texas Property Code Section 92.052, landlords must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant. While mold is not specifically mentioned in the statute, courts have applied this standard to mold issues when they pose health risks. Examples of conditions affecting health and safety include sewage backups, roaches, rats, no hot water, faulty wiring, and roof leaks. Mold caused by these types of conditions falls under the landlord's duty to repair. [Texas Property Code Section 92.052]
Mold Disclosure Requirements
Notable Mold Court Cases in Texas
These cases have shaped mold litigation and tenant rights in Texas. Understanding legal precedents can help inform your own situation.
Ballard v. Fire Insurance Exchange (2001)
Summary: Melinda Ballard and her family sued their insurance company after delays in addressing water damage led to extensive Stachybotrys (toxic black mold) contamination in their 22-room mansion in Dripping Springs, Texas. The family experienced severe health problems including memory loss and bleeding lungs.
Outcome: Jury awarded $32 million in damages including $12 million in punitive damages. The award was later reduced to approximately $4 million on appeal. The case was a landmark in mold litigation.
Significance: This case triggered the "mold crisis" in Texas and nationally. By 2002, approximately 75% of all U.S. mold claims were filed in Texas. It led to significant changes in insurance industry practices and contributed to the development of Texas mold licensing requirements.
Kiernan v. Fort Hood Family Housing (Fort Cavazos) (2024)
Summary: Former Army sergeant and family awarded $10.3 million after private arbitration found their son suffered lifelong brain injury from oxygen deprivation linked to mold exposure in military housing at Fort Cavazos. Evidence showed housing employees used numeric codes to hide mold references and withheld knowledge of construction defects promoting mold growth.
Outcome: $10.3 million arbitration award for economic damages, mental anguish, and housing allowance recovery. Part of a broader case involving 105 military families.
Significance: One of the largest mold awards in Texas since Ballard. Highlighted systemic mold concealment in privatized military housing and contributed to Lendlease selling its military housing business.
Wright v. Whitestone Crossing Austin LLC (2024)
Summary: Williamson County jury found apartment complex liable after the Wright family and their three children suffered health effects from mold in a newly built Cedar Park townhome. Despite independent testing showing the home was not habitable, management refused remediation.
Outcome: $1.06 million jury verdict for negligence and deceptive trade practices. One of the first Texas jury trials in over a decade to recognize injury from toxic mold in rental housing.
Significance: Landmark rental housing mold verdict demonstrating that even newly constructed properties can have severe mold issues and that Texas juries will award significant damages for mold-related injuries.
Local Regulations
Some cities in Texas have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Texas mold law details.
Houston, TX
Local mold risks, prevention priorities, and next steps for Houston.
Dallas, TX
Local mold risks, prevention priorities, and next steps for Dallas.
San Antonio, TX
Local mold risks, prevention priorities, and next steps for San Antonio.
Austin, TX
Local mold risks, prevention priorities, and next steps for Austin.
Fort Worth, TX
Local mold risks, prevention priorities, and next steps for Fort Worth.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Texas.
USDA Section 504 Home Repair Program
Provides loans up to $50,000 and grants up to $10,000 for very low-income homeowners to repair, improve, or modernize their homes, including mold remediation.
Eligibility: Very low-income homeowners (below 50% of area median income). Grants limited to homeowners age 62 or older who cannot repay a repair loan.
Coverage: Loans: up to $50,000 at 1% interest for up to 20 years. Grants: up to $10,000 for qualifying seniors.
Phone: 1-800-670-6553Learn More →
Texas HEART Program
The Homeowner Equity Leverage Partnership (HELP) program provides assistance for disaster-related home repairs including mold remediation for qualifying Texas homeowners.
Eligibility: Homeowners affected by federally declared disasters, income limits apply.
FEMA Individual Assistance
After federally declared disasters, FEMA may provide assistance for mold remediation caused by disaster-related water damage. Since 2021, FEMA has provided over $169 million for mold-related damage.
Eligibility: Residents in federally declared disaster areas with disaster-caused mold damage not covered by insurance.
Phone: 1-800-621-3362Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Texas have specific mold laws?
Yes. Texas has specific mold legislation through the Texas Mold Assessment and Remediation Rules (Title 16, Texas Administrative Code, Chapter 78) and Texas Occupations Code Chapter 1958. These laws establish licensing requirements for mold assessors and remediators and require licensed professionals for remediation of 25 contiguous square feet or more.
Is my landlord required to fix mold problems in Texas?
Yes. Under Texas Property Code Section 92.052, landlords must repair conditions that materially affect the physical health or safety of an ordinary tenant. Courts have applied this standard to mold issues when they pose health risks. The landlord must make repairs within a reasonable time (presumed to be seven days) after receiving proper written notice.
Can I withhold rent for mold in Texas?
No. Texas law generally does not allow tenants to withhold rent without a court order. Withholding rent may give the landlord grounds for eviction. Instead, tenants should file a repair and remedy lawsuit in justice court, where a judge can order repairs, rent reductions, and damages.
Official Resources
These official resources can help you understand your rights and take action: