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Ten Steps to Avoid Mold Problems and Lawsuits in the Rental of Residential and Commercial Real Estate

Real estate residential and commercial
landlords, tenants, and rental agents in the4. If mold inspection and testing uncovers
USA, Canada, and worldwide should take tenvisible or hidden mold problems, the property
steps to avoid mold problems and lawsuits inowner or manager should immediately do safe
the rental of real estate properties,and effective mold removal and remediation.
according to Phillip Fry, Certified MoldHire a Certified Mold Remediator (USA and
Inspector and author of the books Mold LegalCanada), 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 moldremediation.
spores and/or substantial mold growth
infestation can cause very severe (and5. The building owner or manager should avoid
sometimes permanent) health problems to thehiding or camouflaging mold problems by
tenants.deceptions such as painting over mold growth;
concealing mold growth behind stored items,
Landlords have ethical and legal obligationsfurniture, furnishings, and decorations; and
to tenants to provide an environmentallymasking the distinctive smell of mold growth
safe, habitable living space (residentialwith air fresheners and deodorizers. The
rentals) or workplace (office and commercialsmell of mold is from the digestive gases of
rentals). Those obligations go unmet when athe  mold  eating  the  building  materials.
rental  unit  is  mold-infested.
6. A prospective tenant should inspect and
Landlords may have potential and substantialmold test the proposed rental unit (prior to
legal liability to tenants for suchthe signing of a rental lease) with a
compensatory damages as: expenses for medicalCertified 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 renttest kits to determine the mold status of the
differential if the tenants need to move to arental  unit.
mold-safe place, moving expenses, any
tenant-paid expenses (such as mold7. In doing such inspection and testing, the
inspection, testing, and remediation of themold inspector (or the tenant himself) should
rental unit and tenant possessions), anddo 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 awardedthe inspector or the tenant should mold test
$4 million dollars in damages because of moldthe air and visible mold growths in all
infestation and other substandard livingrooms, the basement, crawl space, attic,
conditions on behalf of 124 past and presentgarage, plus the outward airflow from each
tenants of an apartment building whose ownerheating/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 mutualthe collected mold and air samples. In
well-being of both the landlord and thebuilding 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 notwater-penetrated ceilings, walls, and floors
even offer the property for rent until afterfor  hidden  mold  infestations.
a thorough mold inspection and mold testing
of the entire rental building or of9. 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 fortenants 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 andsuch problems. Attach these water damage and
Canada) for an annual property moldmold disclosures to the rental lease
inspection and mold testing, or at least useagreement so that the tenant acknowledges
a do-it-yourself mold inspection checklistreceipt  thereof.
and mold test kits for a thorough mold
examination and evaluation of the rental10. 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 orunrestricted opportunity to inspect and test
leak, roof or siding leaks, flooding, stormthe rental unit thoroughly and carefully
damage, or other water intrusion problems,prior to signing the lease, the lease
the building should be thoroughly andagreement may include a clause that releases
promptly mold inspected, tested, andthe landlord, rental manager, and the rental
remediated as part of the water damagereal estate agent/broker from all mold
repairs  and  restoration.liability to the tenant.



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