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