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