Know Your Rights Against Living In Mold

By: The Mold Guy
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Sept. 11, 2019 - PRLog -- We get a lot of questions from people about their rights are when renting a home. One of the greatest benefits of renting instead of owning is being able to call a landlord when something goes wrong. But what about when there is an issue that can cause a health hazard, like mold? We researched each state to breakdown the tenant's rights after a mold problem is discovered.

• Alabama - There is no law or regulation directly addressing mold. Landlords can still be held liable for mold problems under the warranty of habitability, which requires landlords to keep their properties "livable." However, this warranty is controversial, since there is no defined outline of what "livable" means.

• Alaska - There are no state or federal laws that deal specifically with mold in rental units. The rights and responsibilities of tenants and landlords with respect to mold can vary depending on the terms of the lease contract, the cause of the mold growth, and local (e.g., municipal) codes.

• Arizona - Under Arizona law, a tenant must notify the landlord of any situation or occurrence that requires the landlord to provide maintenance, make repairs, or otherwise take action (Ariz. Rev. Stat. § 33-1341(8)). Presumably, a landlord could raise a tenant's failure to provide such notice as a defense in a mold injury case.

• Arkansas - Currently there are no laws or regulations requiring property owners to remediate (clean up) the presence of mold in buildings. Ultimately is option to remediate is up to the owner and/or occupant of the building.

• 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. 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.

• 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. Stat. § 38-12-504)

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