| Real estate residential and commercial | | | | |
| landlords, tenants, and rental agents in the | | | | 4. If mold inspection and testing uncovers |
| USA, Canada, and worldwide should take ten | | | | visible or hidden mold problems, the property |
| steps to avoid mold problems and lawsuits in | | | | owner or manager should immediately do safe |
| the rental of real estate properties, | | | | and effective mold removal and remediation. |
| according to Phillip Fry, Certified Mold | | | | Hire a Certified Mold Remediator (USA and |
| Inspector and author of the books Mold Legal | | | | Canada), or follow the recommended steps for |
| Guide and Mold Health Guide. | | | | safe and effective do-it-yourself mold |
| | | | remediation. Re-inspect and re-test |
| Living or working in rental units that | | | | ("clearance testing") the building after |
| contain elevated levels of airborne mold | | | | remediation. |
| spores and/or substantial mold growth | | | | |
| infestation can cause very severe (and | | | | 5. The building owner or manager should avoid |
| sometimes permanent) health problems to the | | | | hiding or camouflaging mold problems by |
| tenants. | | | | deceptions such as painting over mold growth; |
| | | | concealing mold growth behind stored items, |
| Landlords have ethical and legal obligations | | | | furniture, furnishings, and decorations; and |
| to tenants to provide an environmentally | | | | masking the distinctive smell of mold growth |
| safe, habitable living space (residential | | | | with air fresheners and deodorizers. The |
| rentals) or workplace (office and commercial | | | | smell of mold is from the digestive gases of |
| rentals). Those obligations go unmet when a | | | | the mold eating the building materials. |
| rental unit is mold-infested. | | | | |
| | | | 6. A prospective tenant should inspect and |
| Landlords may have potential and substantial | | | | mold test the proposed rental unit (prior to |
| legal liability to tenants for such | | | | the signing of a rental lease) with a |
| compensatory damages as: expenses for medical | | | | Certified Mold Inspector, or by using a |
| mold diagnostic and treatment procedures, | | | | do-it-yourself mold inspection checklist, his |
| loss of earnings, mold damage to tenants' | | | | sense of smell, a good flashlight, and mold |
| clothing and personal property, higher rent | | | | test kits to determine the mold status of the |
| differential if the tenants need to move to a | | | | rental unit. |
| mold-safe place, moving expenses, any | | | | |
| tenant-paid expenses (such as mold | | | | 7. In doing such inspection and testing, the |
| inspection, testing, and remediation of the | | | | mold inspector (or the tenant himself) should |
| rental unit and tenant possessions), and | | | | do an all-around physical examination of the |
| punitive damages (jury-awarded). | | | | building for both visible and hidden signs of |
| | | | water damage and mold growth. In addition, |
| A Hayward, California, jury in 2004 awarded | | | | the inspector or the tenant should mold test |
| $4 million dollars in damages because of mold | | | | the air and visible mold growths in all |
| infestation and other substandard living | | | | rooms, the basement, crawl space, attic, |
| conditions on behalf of 124 past and present | | | | garage, plus the outward airflow from each |
| tenants of an apartment building whose owner | | | | heating/cooling duct register. |
| failed to do proper mold remediation and | | | | |
| maintenance of the mold-infested apartments. | | | | 8. Mold testing requires mold laboratory |
| | | | analysis and mold species identification of |
| Take these ten steps for the mutual | | | | the collected mold and air samples. In |
| well-being of both the landlord and the | | | | building locations with previous floods or |
| tenants--- | | | | leaks, the examination should also include |
| | | | fiber optics inspection to look inside |
| 1. A property owner or manager should not | | | | water-penetrated ceilings, walls, and floors |
| even offer the property for rent until after | | | | for hidden mold infestations. |
| a thorough mold inspection and mold testing | | | | |
| of the entire rental building or of | | | | 9. The landlord or rental manager should |
| individual rental units (prior to rental) | | | | disclose in writing to all prospective |
| determines that the property is mold-safe for | | | | tenants any previous or present building |
| tenants to live or work in. | | | | water and mold problems, and what the owner |
| | | | or manager has done, if anything, to correct |
| 2. Hire a Certified Mold Inspector (USA and | | | | such problems. Attach these water damage and |
| Canada) for an annual property mold | | | | mold disclosures to the rental lease |
| inspection and mold testing, or at least use | | | | agreement so that the tenant acknowledges |
| a do-it-yourself mold inspection checklist | | | | receipt thereof. |
| and mold test kits for a thorough mold | | | | |
| examination and evaluation of the rental | | | | 10. In consideration of, and based upon, the |
| building. | | | | landlord's accurate and complete mold |
| | | | disclosure, and the tenant's full and |
| 3. If there has been a plumbing line break or | | | | unrestricted opportunity to inspect and test |
| leak, roof or siding leaks, flooding, storm | | | | the rental unit thoroughly and carefully |
| damage, or other water intrusion problems, | | | | prior to signing the lease, the lease |
| the building should be thoroughly and | | | | agreement may include a clause that releases |
| promptly mold inspected, tested, and | | | | the landlord, rental manager, and the rental |
| remediated as part of the water damage | | | | real estate agent/broker from all mold |
| repairs and restoration. | | | | liability to the tenant. |