If you are a tenant in a building or apartment with a mold problem in Texas, you should read this.
Mold is a serious environmental hazard, and it is not something that landlords can just ignore or sweep under the rug. It often grows quickly in damp places like basements, attics and other parts of a building that have poor ventilation and high humidity.
Mold causes a musty, moldy smell throughout a property, which can set off a chain reaction of coughing, sneezing, sniffling, and other issues in a building's residents.
Actively-growing mold breaks down the material upon which it grows, so not only does it eat drywall, carpet, and anything else it can reach, but it also threatens the structural integrity of the building.
Mold is also hazardous to human health and can cause serious respiratory illnesses in some people, including asthma and serious infections. It can also cause pneumonia, respiratory issues, fevers, inflamed sinuses, laryngitis, fevers, and muscle aches, among other conditions. A name called "toxic mold syndrome" has sprung up around these illnesses, though this is more for legal purposes in court than for medical diagnoses and doesn't label specific conditions.
What you can do if you're a tenant in Texas
Tenants might feel like there is nothing they can do if they look up one day and see their ceiling spotted with a constellation of black dots.
Some landlords are very helpful, but others are notoriously slow to deal with tenant complaints. Many are even out-of-state investors who only collect rent checks and rely on property managers to deal with apartment issues.
When this is the case, sometimes tenants have to take matters into their own hands. Texas courts have recognized two self-help strategies for tenants after a mold outbreak on a rental property:
- Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the "implied warranty of habitability." This legal doctrine requires the landlord to provide a property in a livable condition. This means that the apartment cannot affect the "physical health or safety" of the tenant.
- Repair and deduct: The tenant can elect to do the mold cleanup on her own and deduct the cost from her rent.
See the Texas Tenants' Rights Handbook for more information on both strategies.
Liability for toxic mold in Texas
If you have health problems caused by mold on a Texas property you are leasing, you may be able to file a personal injury lawsuit against the landlord or property manager.
It is their responsibility to keep the property in habitable shape and to protect the tenant's "physical health and safety," as noted before, in Texas. As such, any problems associated with the building would be their problem to handle.
Also, if you just purchased a new home in Texas and toxic mold becomes obvious, the previous owner could be held liable for losses. If the previous owners knew about the mold problem, they were legally obligated to disclose this information to potential buyers.
Just like they were obligated to tell you about a leaky roof, they had to tell you about the black mold if they knew about it.
What if you have mold in your house?
You might be wondering whether you should DIY it or hire a professional to remove the scum. If it isn't a large amount of mold, you can probably get rid of it yourself.
However, if the area of mold is larger than 10 square feet or has spread onto places like baseboards, drywall or behind walls, then you absolutely should call a licensed professional.
Whatever you decide to do, take lots and lots of photographs if you decide to file a potential lawsuit against another party. All of the evidence will be gone once you decide to remediate the mold.
Regardless of any lawsuit, please remember that your health is more important and should dictate any decision you make.
If you think you may have a potential lawsuit over health problems caused by toxic mold, you would benefit by speaking to an attorney who specializes in Texas toxic mold cases. Find an attorney now.
Shane Bell says
I just leased a resident and I’m in my 3rd month of a 12 month lease agreement. Had floor tested for moisture and high levels was detected on concrete floor. Ask landlord and land owner to test for black mold as was told to move and they would rent to someone else. Health problems have occurred but have isolated section of house with major order.
What are my options?
Lisa Banks says
Hi Shane, wow, that sounds like a major inconvenience, and it sounds like it’s affecting your health, too! We urge you to speak with an attorney about your options. All the best and let us know how it goes!
Amena williams says
Hello
My apartment in Spring Texas. Has mold. I have complained to property manager and owner they have been kind of ignoring. The property manager had a company had a company come out to clean but when they told her the price and there was mold in ducts she told owner they refused to pay price. I have been telling them it has made me and my son sick with breathing problems.
Teresa says
I have a question, when a tenant says they believe they have toxic black mold in their rental property. What is the owner’s obligation to have it tested. It has never been an issue with other tenants and when we as property manager’s inspected we do not see any signs of it? Is the owner obligated to test or can we ask the tenant to have it tested so that we have facts.
Lisa Banks says
Hi Teresa, that’s a really great question! Let me see if I can get an answer for you…
Jennifer Kain Kilgore says
Hi Teresa — it really depends on the situation. While there is no federal standard for mold growth, there are some state regulations, like those in Maryland and New Jersey. New York follows Department of Health ordinances, and San Francisco considers it a legal nuisance. Meanwhile, most of the mold found in apartments, even if it looks black to the eye, isn’t toxic mold. The kind found in bathrooms is generally harmless. However, the conditions that lead to mold growing is generally a landlord’s responsibility — like leaking pipes, drafty windows, that sort of thing. It’s a landlord’s duty to mitigate those sorts of issues (though insisting on cleaning it can be considered an invasion of privacy by the tenant). If the tenant is creating a situation that has high humidity, is constantly throwing damp towels into a corner, or is not keeping the area clean, however, that that would be his responsibility. Juries can go both ways when presented with all the facts. To start, I would see what laws and ordinances your state enforces, and then see if there are any obvious issues in the apartment that can be fixed (leaky pipes and drafty windows). If anything can be cleaned with bleach, do that. However, if the area is larger than 10 feet and looks like it goes behind baseboards or walls, it might be time to call a professional.
Lisa Banks says
Teresa, please see the comment from our attorney editor Jennifer Kain Kilgore below. Let us know how it goes!
satya says
We have moved in to an Apartment in Frisco, TX , Once we moved in we realized Cockroaches everywhere. The apartment is not cleaned before handing us over, Dust everywhere, Cigarette buts in balcony. Dish washer is with full of Cockroach feces and seemed like it isn’t being used for years. My six year old daughter got bug bites/rashes with in 2 days and scratching, Then we found Bed bugs. We reported Apartment management and even shown them some live Bed bugs and explained the situation. They scheduled for a Pest control in 2 Weeks time. My wife also had Bed bug bites with in no time. To do the pest control We had to pack all our stuff (Nearly 25 Large Boxes) and put in Balcony. It has been 20 Days since we moved into this apartment, All the food and groceries are contaminated by cockroaches all my furniture (approx $5000 worth) is infested by bed bugs. We asked them to move to another apartment, but they declined because it may cause infestation there. We have to spend sleepless nights and gone through lot of the agony. All our cloths are infested, We had to get rid of some of them, Some we cannot even wash/dry wash. Once they have done the pest control and we were not able to be in the apartment due to the smell of Cockroach Bomb. Dead cockroaches every where after the Bomb. We had to clean them and ourselves. They have the pest control schedules for another 2 Weeks, we have move out everything and move in. Another round of pest control at another 2 weeks, same thing again.
We lost health, property, and mainly peace of mind. It is all because of the Apartment Management’s negligence.
Is there anyway we can sue them and get the compensation for all the loses we had suffered ?
Jennifer Kain Kilgore says
Hi there. I am so sorry for your trouble — cockroaches AND bed bugs in one apartment! I can’t even imagine how exhausting this whole process has been for you.
I have been doing some research into this for you, and there are some steps that must be taken to properly safeguard your rights. Also, please remember that the following is not meant to be legal advice, but preliminary research.
From what you wrote, I could not gather whether you submitted anything in writing to your landlord or documented what has happened in the apartment, which is something you will want to do. Take pictures of everything, as it will be used as evidence later on. Then, submit a certified letter, return receipt requested, to your landlord. You will also want to hand-deliver a second copy. Bed bugs are considered a public health nuisance in Texas, and cockroaches are a condition that threaten the health and safety of your family. Either one on their own would be enough to make you want to vacate the apartment. Unfortunately, you still have to comply with landlord-tenant laws; you cannot just get up and walk out, demanding your money back. If you do, your landlord can declare you to be in default of the lease and demand you to pay the entire amount by accelerating all remaining payments.
The landlord is required to make repairs or to remedy the condition when a situation threatens the health of a tenant. They generally won’t be able to fix just one apartment, because a cockroach will avoid fumes by just traveling to an adjoining apartment, and bed bugs are known to do the same thing. To get rid of an infestation, you have to take care of the whole building, which — when you have so many different tenants — is very hard to do. This is why just using a roach bomb or hotel is only a temporary solution.
To start the process, you need to notify your landlord — which you did verbally, but we want a paper trail for court purposes. That is where the certified letter comes into play, plus the hand-delivered letter. That way, the landlord absolutely cannot say he did not receive it. If, after a reasonable amount of time (the Code says seven days), the landlord does not address the condition, you would send a second notice. Then, if the landlord doesn’t fix the issue, the tenant can generally terminate the lease, as found in the Texas Property Code, Section 92.056.
According to Section 92.056(e), “…a tenant to whom a landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according to Section 92.0561;
(3) deduct from the tenant’s rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and
(4) obtain judicial remedies according to Section 92.0563.”
Good luck! I hope things improve for your family very soon.
Leigh says
After the large rain came we had a leaky roof in a home we’ve rented for five years. We notified the homeowner and after seeing large dark spots on the ceiling I finally put my foot down on them calling someone out. Not only did the inspector say they will be approved for a new roof and Sheetrock etc that was saturated, he told our landlord the sooner the better. I am anything but drama when it comes to my landlords but realize that his situation is turning south fast. He made a comment that he was going to spot treat or paint over he problem areas! He’s an old man and I know he heard the same conclusion from his inspector today. Can he do this? I Atleast want the saturated Sheetrock taken out and replaced. I have three kids and one is special needs. We have had an upper respiratory infection since we returned home from evacuating. What are my rights? Do I get my own inspector?
Jennifer Kain Kilgore says
Hi Leigh — I’m sorry that you have had to deal with so much rain. I can’t imagine what it’s been like for you! I am assuming that you are writing in from either Florida or Texas, given the situations with Hurricanes Irma and Harvey. Property codes can be state-specific, so I will look at each one in turn.
No matter which state you live in, check your lease. There should be some sort of clause for natural disaster or maybe “act of God,” as well as a clause about water damage. That might have some guidance for this situation first.
TEXAS: The Texas Property Code requires that a landlord repair any conditions that threaten the health and safety of tenants. In theory, the upper respiratory infection would qualify (though your landlord might argue that you acquired that during the evacuation and not since your return home…). Depending on where you live, local housing laws might require that your landlord be held to higher standards than just patching the area, so you might want to check with a local attorney rather than get your own inspection. I think relying on the inspection that the landlord himself hired should be enough in this situation, since that inspector actually said to replace the whole roof, and the sooner, the better.
If you are able to live in the unit while those repairs are being made, though, you are still required to pay rent under the lease. Your landlord might want to wait until he has been paid by his insurance company to begin repairs, rather than paying up front and being reimbursed.
FLORIDA: This state has implemented the strictest building codes in the United States since Hurricane Andrew. In Florida, buildings must be able to withstand winds of up to 111 miles per hour, and under section 611.1.1 of the Florida Property Code, if more than 25% of the roof surface is to be repaired, then the entire roof needs to be in compliance. That is fairly strict, and it might also be the answer to your problem if you were in an apartment that was damaged during Hurricane Irma. If it was less than 25%, you might need to get your own inspection — or else rely on the spot treatment for now.
According to the Florida Bar Association: “The tenant has the right, under certain very aggravated circumstances caused by the landlord’s neglect, to withhold rent. This can be done only when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven days’ written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should save the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.” More can be found at: https://www.floridabar.org/public/consumer/tip014/
I hope this helps you. Good luck!
William Willis says
Moring my is William, I live in Texas
verbal and written notices for mold
and deterioration of backdoor, leaking a/c
non working kitchen dishwasher and garbage disposal..
two week has pass since I had local code enforcement agent view my apartment
ordered apartment to repair and replace the peoblems
or be fined, As of today nothing.
working class need help
Jennifer Kain Kilgore says
Hi William – I’m sorry for your troubles. Your landlord should be taking better care of you. As I’ve touched on in other comments on this page, Texas landlords have a duty to repair any conditions that threaten the health and safety of tenants. If anything, the code enforcement agents should be fining your LANDLORD, not you. (Maybe I read that wrong in your comment?)
You should send a certified letter to your landlord detailing the repairs that need to be made; hand-deliver a copy as well, so he can’t claim he did not receive it. Also, take pictures of everything so that you have records. Then give him seven days to do something about the repairs. If he still does not do anything, send a second letter demanding repairs. (This is irritating, but you do have to give them time once the paper trail starts.) Then, according to the Texas Property Code, you could terminate the lease, have the condition repaired, deduct from the rent, or seek judicial remedies. My suggestion would be to deduct from the rent and use that money to make repairs. However, a Texas lawyer might suggest something different.
Good luck!
Deborah Barrientos says
When we moved into our apartment we found mold on the bedroom wall by the window. We notified the office and they washed the wall and left it at that. We found out during hurricane Harvey that water was streaming in through the wall and floor in the room thus soaking and ruining the carpet. The mold reappeared in the same place and within a week had spread the expanse of the wall. We had notified the office at its first reappearance and about the carpet. Nearly 2 weeks later they cut out the sheetrock and part of the carpet. I requested to be moved but was told I had to give them “a chance to fix it”, and that was aside from the mold in the restroom we had waited nearly 2 months for them to remove. After the last rain having no sheet rock, no insulation and no carpet or linoleum our room flooded again. I had already requested to be moved several times. I showed them the pictures I had taken and they in turn took their own. They finally agreed to move me but said they will raise many rent anywhere between $100 to $300 because they said they don’t have any one bedroom units available to move me. Can they do this? Aren’t they supposed to honor my current 13 month lease agreement as it stands? I have 10 months left and I don’t think my rent should be increased since the damage was not caused by me or any person visiting me. Can they legally do this to me?
Andrew Brown says
I moved in new house mid March I noticed leaky roof in April when we had good rain I told my landlords daughter because my landlord can’t speak English she then told her Dad about the roof leaking into attic and walls he promised fix it but now this is October and me my wife. And 4 kids are suffering from mold in attic and probably in walls to my 4 kids are 3,7,8,11 and we can’t afford to move should I go get my family tested for mold poisoning . We Suffer from congestion itchy throat dizziness loss of memory alway sick shortness of breath muscle spasms migraines diarrhoea sudden chills and sweats
Jennifer Kain Kilgore says
Hi Deborah – I am sorry for the delay in responding, and I am so sorry for your apartment troubles. It sounds like you’ve got a ton going on.
The Texas Property Code states that landlords are obligated to fix anything that threatens the health or safety of a tenant, and mold would certainly qualify. Unfortunately, you do have to give them a chance to fix it. To start the process, you need to notify your landlord — which you did verbally, but a paper trail is good for court purposes if you eventually do decide to sue.. It’s usually recommended both to send a certified letter and hand-deliver it as well. That way, the landlord absolutely cannot say he did not receive it. If, after a reasonable amount of time (the Code says seven days), the landlord does not address the condition, you would send a second notice. Then, if the landlord doesn’t fix the issue, you can generally terminate the lease, as found in the Texas Property Code, Section 92.056. Switching from one unit to another that is not comparable might raise the rent, as it would be a separate contract for a unit that is not comparable to the one you are currently in. That would be a question for a Texas attorney.
According to Section 92.056(e), “…a tenant to whom a landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according to Section 92.0561;
(3) deduct from the tenant’s rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and
(4) obtain judicial remedies according to Section 92.0563.”
I hope this helps a bit and offers some guidance. I would still consider speaking with a Texas attorney who is versed in this area. The first visits are usually free because they are getting a sense of your case. Good luck!
Jennifer Kain Kilgore says
Hi Andrew — I am sorry about what is happening to your family. Since I am not sure what state you live in, I can’t offer you state-specific code advice, Each state has their own property code, as you can see from other responses I’ve made on this page (maybe you live in either Florida or Texas, and your answer will be there). However, at this point you will want to be more formal in your complaint to your landlord because it has been so long. Considering that each of your family members is suffering from similar physical problems, there’s a likelihood that mold might be contributing to your symptoms. I would suggest getting checked for that as soon as possible.
As for your landlord, write a letter outlining your complaint and demand that the problem be fixed, or you will be seeking legal recourse. Consider asking someone to also translate it into whatever language your landlord speaks as well. If I knew which state you lived in, I would be able to point you to the exact part of the property code for the language you need, but basically, say that your landlord is obligated to provide a home that does not threaten the health or safety of a tenant. If the roof is not fixed within a reasonable period (say, seven days), you send a second letter (IE, “this is your last warning.”)
As you can see in other states, like Texas, if a landlord does not comply, you are then allowed to either terminate the lease, deduct from the rent the amount it will take for repairs, or pursue judicial remedies. However, without additional information, it is hard to offer more help. I hope this at least offers a little guidance, though. Good luck!
Dina Wilson says
I moved in my apartment 4 months ago. During the first 3 months there was a leak coming from under the wood floor panels. I had to continue to call them to fix it. It took 3 months to figure out where the leak was coming from. They may no efforts at drying out so I concerned about mold, but I guess they( managemwnt) are not. Is there a government agency that tests for mold? Same complex shut down the advertised amenities after I moved in. Also, this apartment has a roach problem. We (tenents) pay $5 monthly for pest control and they never spray. Why is this not fraud? What can I do to live peacefully? My requests are ignored, or so it seems.
Jennifer Kain Kilgore says
Hi Dina – I’m sorry for what you are going through with your apartment. From your comment, I can’t tell if you have been photographing the damage in your apartment, but if not, you should definitely start. That will help to establish a record. I am also not sure where you live; housing ordinances can vary down to the local level, so that would definitely affect any answer I can give. However, apartments are supposed to provide safe and habitable living conditions for their tenants. You need to send a certified letter, return receipt requested, to your landlord, that describes the condition and demands that the problem be fixed — or you will seek legal recourse. After that, give him a reasonable time to fix the problem (this is usually seven days). If it has not been resolved in seven days, send a second letter with language to the effect of “This is your last warning.”
In some states, like Texas, if a landlord does not fix the problem, you are then allowed to either terminate the lease, deduct from the rent the amount it will take for repairs (or in your case, I would feel at least the $5 per month for pest control would be fair, backdated to when you moved in since it hasn’t solved the problem), or pursue judicial remedies. However, without additional information, it is hard to offer more help. I hope this at least offers a little guidance. Good luck!
Maria Macias says
I HAVE MOLD IN MY APARTMENT!
It has spread to the sheetrock. I have been diagnosed with asthma and have went to the ER for shortness of breath and wheezing
Maria Macias says
I live in Houston Texas
Cathryn cook says
In don’t know where to start. I have been living in this place for 5 years. My bedroom floor caved in found out there’s mold everywhere they only took out the walls in my room and the restroom. And floors but they won’t do anymore I have pic the whole entire ceiling and the trailer needs to be replaced and there is mold in my son’s room. My son has Chiari malformation of the brain and we both have neurofibromatosis. Then the landlord told me he’s going to raise the rent 200 more dollars when I sign the next lease
Alisha says
I’m 3 months pregnant and have been having severe headaches and nosebleeds for the past month and well as issues breathing ( I have chronic bronchitis as well) and I just realized 2 windows in my apartment are mold infested due to moisture coming in through the windows. The damage is so bad the baseboards are warped in and the drywall around the frame is cracking and falling. I told my landlord and they haven’t done anything but come look at it and I’ve had to move out of my room. I get housing assistance so it kind of complicates things but at this point I just want to move. What would I need to do. I don’t want to continue living in this especially being pregnant.
Sarah w. says
We have major amounts of mold in our house we sent our landlord a email telling him how our a.c. is to small for the house making our bill high but also that there was”organic matter ” growing as the a.c. guy put it we are constantly sick I have asthma. What are my options?
brittney says
Get an attorney. I am dealing with the same thing and haven’t even been able to live in my apartment for almost a month even though I paid. I am about to call the news station as well!
brittney says
My apartment started with a few foul smells in April of 2017 but would go away within a day at most so we never thought anything of it but did complain to the apartment a few times which we have documented. Then in December the smell came back again VERY strong and smelled almost like throw up. We called an officer out to make sure it wasn’t a dead body, gas company to make sure it wasn’t a gas leak even though we are electric and paid for a mold company to test AFTER we then found a leak two weeks later. The apartment said it was a fire sprinkler pipe and they contracted the fire sprinkler company to fix the pipe. The mold report had 52% humidity and 60% is over what we should have (which I paid for out of picker $350). Two weeks later and the smell is still in my apartment after doing an ozone twice (the second time was for 5 days and still could not rid the smell). Two weeks later (last night) I had a restoration company come out to quote if they could clean my items and they were there for about 2 hours trying to track down the cause of the smell. The apartment told me the smell was from anti-freeze being in the pipes but the fire sprinkler company told me that smell could not come from the anti-freeze. So the restoration company checked EVERYWHERE and there was no sign of mold. They pulled their humidity reader out and found what was once 52% to be 8-9% so most had dried. Until the checked the base board where the leak occurred and it was still at 19% so who knows how high it was 2 weeks prior. He asked if he could pull the base board even though this would technically be considered a damaged caused by me from the apartment. I said just do it because I don’t have anything else to lose. I lost a whole month rent, 4 days of work, hotel expenses for a week after finally finding a friend to stay with, food from not being able to cook at home like normal, electricity bill being extremely high because the apartment would have us open windows in less than 40 degree weather while running the heater, and so much more. When he pulled the base board off he found MOLD! Since it seems to be inside the walls he said we would be able to clean all my items thank God so now we wait for the apartment to reimburse me and pay to have my items cleaned or we sue. I contacted a contingency lawyer and they had me send a certified letter (before mold was found) stating if the repairs were not completed and I was not compensated for my out of pocket expenses then my lease would be terminated and since neither happened, I signed a new lease at another complex and will be moving once all my items are cleaned. The only reason all my items are still in the apartment is because I already paid January (mind you we stayed all of ONE night there this month) and because I did not know if we had to replace all items or not. I am just wondering if we should settle or if we should take this to court. My daughter and I were getting sick while living there until I decided we just had to leave because the smell was so unbearable. Grown men from the mold testing company even got sick from it!
Charisse says
Living in our home for 2 years and had it tested for mold and awaiting the results in a few days. What happens if the landlord “suggest” we move out and we don’t not wish to terminate our lease? Instead, we prefer to keep our agreement and live elsewhere until the issues is fixed, can we be “evicted” if we don’t reach and agreement? They state they will “eventually” fix it themselves if we move out but I don’t want to give them the chance to then rent it out again knowing they most certainly won’t fix it properly or even at all. What’s the best course of action here if we refuse to terminate our terms and want to eventually move back in, if it does get fixed? Do both parties have to agree or is there some right that protect us from being terminated as long as we follow all lease agreement guidelines to a T?
Lisa Banks says
Hi Charisse, thanks for sharing your situation. Let me see if one of the lawyers in our directory would like to weigh in on that. What state do you live in?
Mercy John says
I live in an apartment, after 2 weeks of moving in, I noticed white settlements on my clothes and that of my family. I told the apartment management and they acted as if they did not know what it was, after about a month, I noticed the molds on the wall, I told them again and they sent in their maintenance to come and spray something on it and told us it was okay, but I continued losing clothes and shoes and beddings and the molds continued growing. Finally I got someone in the management to come in and look at it and we were immediately moved to an hotel with the agreement that they will take care of our medicals and compensate us for our material loss – the manager said ‘I will get you a letter confirming that today’, since the letter did not come that day, i documented the conversation the next day via email. I have trails of mail showing all that happened. When we were at the hotel, they brought in 4 large dehumidifiers and kept it on all through the weekend and the apartment was very warm, I wrote to tell them of how warm the apartment was and the next day they brought in inspectors and later wrote to us that we caused the mold by boiling water to bath since the water heater was not working and by putting the heater on high over a long period of time (we had complained severally that the water and air heaters were not working and that we were boiling water to bath and invested in lots of beddings to keep warm). This looks like they got the place warm enough for the inspectors to say so… if it was caused by boiling water would it not have started from the kitchen? They do not want to compensate for the affected items… I need urgent help, what do I do. I live in Houston
Mercy John says
Apartment management wrote a letter saying they will refund one month rent and my security deposit, but implied that I should waive every other right and requested signature of every one in the family including the little kids
Thomas ward says
I am a disabled Iraq Vet, the apartments I live in have had constant plumbing problems to point they busted up the floors in living roof spreading concrete dust everywhere for a week. I already have respiratory issues from Iraq, and back injuries and the dust didn’t help the old management refused to provide temporary housing or another apartment. Now we have a new management and now found black mold in the bedroom closet from the recent rains the outside of this corner holds almost 1 1/2 ft water in a damaged sunken sewer drain past 2 weeks been fighting serious respiratory issues to point considered going to VA emergency room because now have separated ribs from all the coughing. This is the third time black mold has been found in the apartment.
What’s my options this is new management now.
This apartment was never painted or repaired prior to move in and we were denied prior inspection, and put in position of moving out of our old apartment because they jacked up the rent by $300.00 it was either sight unseen or on the streets.
Melanie says
Can the landlord hold the rental tenant responsible for cleaning the mildew on the outside of the home? Wouldn’t that need to be done by the landlord? Even holding the rental responsible for HOA fees for the mildew? What are the rules and statues for that?
Christi saldivar says
Our mobile home that we are renting has a wall in our bedroom that started to crack and crumble in doing this we have found black mold!!!!!! What do we do we have all been very sick off and on with unexplainable illnesses including our now 5 yr old
chloe renae says
Hello Jennifer,
By Texas Law are Landlords responsible to test the mold found in the apartment?
Ashley says
In Texas… Do we have to pay for a mold inspector or does our landlord? We can’t afford $300 / area.
Jennifer Kain Kilgore says
Hi Chloe – the law doesn’t specifically mention testing, but the landlord has a duty to make the home safe and must fix conditions that threaten the health and safety of a tenant. You must provide proper notice to your landlord if you believe something in your home must be removed by professionals; a certified letter is sufficient, as well as a hand-delivered copy. The landlord has a “reasonable” amount of time to rectify the matter (courts have taken that to mean around seven days). If he doesn’t, there are a few routes to take, such as fixing it yourself and withholding the difference from your rent, or pursuing a negligence claim against your landlord.
Lisa Banks says
Hi Ashley, please see Jennifer’s response to the same question by Chloe above. Let us know how it goes!
Acia Gray says
I am the director of a nonprofit Dance organization in Austin Texas. We have been renting a room in a dance establishment for close to three years. Last fall, many of our students started having symptoms of mold including a couple with mold toxicity. We did an ERMI test for mold and it came up positive for high levels of toxic black mold. We immediately let the landlord know the situation and unfortunately for many months did not agree that we had a problem. When we started losing numerous students, we paid for an extensive mold test that showed high levels of black mold in The wall cavity. Before that, anytime it rained there was an obvious and strong smell of mold not only in that room but the lobby beside it. After much thought and inconvenience we decided to resend our lease, leave the space clean as we found it and sent a certified letter to the landlord with a copy of the mold report.
As you know, airborne mold levels will change relative to the conditions of the day. The landlord is claiming still that we had no problem and that we were just trying to get out of our lease early.
Residential law in Texas is very clear that we had every right to do this but I cannot locate any clear rules and laws covering commercial space.
How can the laws be different when human health is at risk? Are they? The landlord is now threatening to sue us. Please advise
Shanie Harvey says
Can someone help me find a lawyer in Dallas, Texas? I recently just moved into my apartment. The very next day I had a sore throat and a stop up nose. A few weeks go by and then I started having terrible headaches. The story goes on and on. To make a long story short, I just realized that there is mold in my apartment and my doctor just informed me of having asthma. Never in my life have I seen my health go down the line when it comes to breathing and etc. I informed my apartment and they have been giving me the runaround and now they are ignoring me. I truly feel like it is time for me to get a lawyer. Can anyone please help me, I feel like I am getting treated unjustly and they are not taking my health seriously. My doctor even said I need a lawyer and he will have document and statements ready for me and he would be a witness. I really need help. SOme stuff I have left out because it would look like I am writing a paper.
Shanie Harvey says
Hello, how can I find a lawyer in Dallas, Texas for a lawsuit? I informed my apartment about mold and they are not helping me and I just found out that I have asthma from the mold. I need help and thank you for any help and advice that you guys give me.
Candice says
Hi i live in an apartment and the landlord won’t fix anything in my apartment. My dishwasher can’t use because it won’t drain and now there is mold in it after two weeks of asking them to fix it . And my ac doesn’t work well and asked them to fix it I live in a one bedroom apartment and my electric is 189.54 . I’m not home during the day I’m at work . I found a house and want to get out of my lease because they won’t fix anything can I legally move because of the mold ?
Jennifer Kain Kilgore says
Hi Shanie – I absolutely think you should talk to an attorney. Our Texas directory should be a good starting point, especially since your doctor has been so helpful with documents and statements. This directory has all of our Texas attorneys, all of whom specialize in personal injury law. Some might not work with mold cases, but they will be able to direct you to someone who does. https://www.enjuris.com/directory/lawyers/texas/
I sincerely hope things get better for you soon!
Jennifer Kain Kilgore says
Hi Acia – You did everything right, including sending a certified letter with the mold report. (Not many would think to do that without prompting!) Under Texas law, if the residence or space threatens the health and safety of a tenant, then the landlord has a duty to fix those conditions. Rescinding your lease is a valid option, especially if you have proof of black mold. An attorney likely won’t tell you anything different, but if your landlord is threatening legal action over the rescinded lease, I would suggest speaking with one to make sure your bases are covered. Here is our Texas directory (many of them should be close to you in Austin): https://www.enjuris.com/directory/lawyers/texas/
Good luck!
Acia Gray says
Can you point me to the Texas law that covers commercial space? It seems we can’t find anything. Thank you so much for your response!
Jennifer Kain Kilgore says
Hello again! The Texas code covers commercial properties in chapter 93: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.93.htm
However, at the top you’ll notice it says that the chapter covers everything that wasn’t mentioned in chapter 92 (residential properties): https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.92.htm
Basically, the Property Code states that landlords, both commercial and residential, must remedy and repair certain conditions, especially when these conditions are met:
* You gave notice of the condition to your landlord
* You aren’t delinquent in rent payments
* The problem materially affects the physical safety and health of tenants
* The tenant did not cause the issue
Your landlord has a responsibility to mitigate damages, and so far you have done everything by the book. I would still recommend speaking with an attorney who specializes in landlord-tenant types of personal injuries. The first meeting is normally free, so you can at least get an idea of how to proceed.
Best,
Jennifer
Jiss says
Recently moved to a new apartment. Cable tech broke a pipe in the ceiling. I contacted the landlord and their only solution was to leave all of wet items in the apartment for five days. The wet ceiling eventually collapsed. The property only painted over the wet spots and now I have mold. I was offered to move to another unit if I decided to fork out nearly $2000. My health has been impacted and I am stressed behind this situation. I currently do not live in the unit but continue to pay rent.
What are my options?
Is there a case and who should be held liable?
Jennifer Kain Kilgore says
Hi Jiss – I’m sorry for what you are experiencing, that sounds so stressful! From your comment, I can’t tell if you have been taking pictures of the damage in your apartment, but if not, you definitely should. That will establish a record. I am also not sure where you live; housing ordinances vary down to the local level, so that affects any answer I can give. However, apartments must provide safe and habitable living conditions for tenants. Send a certified letter, return receipt requested, to your landlord, Include copies of invoices you expect him to reimburse, describe the condition of your apartment and how the damage happened, and demands that the problem be fixed — or you will seek legal recourse. Give him a reasonable time to fix the issue (this is usually seven days). If it has not been resolved in seven days, send a second letter with language to the effect of “This is your last warning.”
In some states, like Texas, if a landlord does not rectify the problem, you are then allowed to either terminate the lease, deduct from the rent the amount it will take for repairs, or pursue judicial remedies. However, without additional information, it is hard to offer more help. I hope this at least offers a little guidance. Good luck!
Sonja M says
We all have asthma in outlet household and have experienced itchy, red eyes for almost a month but now cleared up .. coughing, wheezing, headaches, and I got really sick …etc there is mold all on the closet ceiling and in one of the rooms , … when we moved in it appears to be once a flooded home with swollen cabinets from water damage … The owner promised to replace all cabinets and do any repairs after move in but still has not removed the 3ft mold on the ceiling and only replaced cabinets but didn’t treat the walls … should we not pay the realtor??
Carrie Warren says
Yikes! That sounds awful, Sonja. I’m not sure of the next steps, but Jennifer gave some great advice above that you might find helpful. I’d also suggest talking to an attorney about this. Best wishes!
Vanda says
I live in apartments and signed a 1 yr. Contract ending in July next yr. and have been living here since April 1st 2016 and I’ve had mold in all AC Vents that have been poorly spray painted over or as staff says kilts when I moved in. Just really found out recently it was mold when I did some research on it and bc I’ve had chronic sinus problems. I’ve written a letter to the manager along with other issues I need fixed, and waiting to get fixed
Anyways I mentioned it to a staff member when moving in but she gave no importance to the issue and a couple other times but this was my first written notice of the mold.I gave the manager the letter a couple days ago asking them to call me to let me know when it will be taken care of and I recorded the conversation. I haven’t herd from them and really want to break my lease bc im really not ok with the effects having on me. I’ve taken pictures of the mold and told them I could email it to them but haven’t herd from them at all.
What should I do and how can I get out of my lease without having to pay anything
Carrie Warren says
So sorry you’re in this position, Vanda. My best advice is to check out Jen’s post above. She offers some great advice about how to document the problem and to establish a record of contact with your landlord. Of course, the advice of a local attorney would be beneficial too. Here’s a great place to start your search: https://www.enjuris.com/directory/ Best of luck!
B. Martin says
We own a townhome run by an HOA. There been a water leakage problem for years to include sewage outside as well. Water pipe leaking caused damage and w were having difficulties having them replace sheetrock. The more we argued for then to cut the more they found mold. We adviser them to get a contractor and the contractor came out and said there was more damage and mold test was positive. We had already called health department last week on the sewage to force repairs on that. Now that a professional is involved, they seem so much more helpful. We believe the damage goes all they easy down that wall as the sheetrock outs soft there. The president came by and promised that we won’t have to move furniture and such. Do I need an attorney?
Nancy Rapp says
Hello. Mold is certainly a dangerous problem, so you are good to be proactive about the situation. If your landlord has scheduled the the necessary repairs, a lawyer may not be necessary. If more time passes without action, an attorney may be available to send a demand letter indicating that legal action will be taken if the problem isn’t corrected. Use out Texas directory to find a personal injury attorney near you.
Tosha says
Hello,
I rent an apartment in Dallas Tx, mold is growing in the corner of my house due to a leaky roof. There is also roach infestation, my apartment has been balmed and sprayed countless times. The roaches still come. I live in level two or three, and the leaking is coming from the sides of the fire place. Management has changed three times over the past two years leaving the issues unresolved. I would have broken the lease after the first year, but Miss communication between my husband and I caused him to resign the lease for a second year. We are beyond tired and worried about our health, the roaches get into the fridge and freezer. They are mainly in the kitchen, we don’t have dirty dishes or food. The kitchen is always spotless and I refuse to eat, or cook in the kitchen.I eat out everyday or eat food that is properly sealed, if I can’t eat it all I throw it out. My question is, can I break the lease because is this? I read in an earlier post where I should send a certified letter, does this apply to me as well. The most hasn’t caused health issues, yet. My goal is to break the lease and move out. We were going to pay the fee to break the lease, but I don’t think it’s fair. I’m never late on rent and I don’t cause issues, I should’nt be punished for their negligence. Thank you so much.
Nancy Rapp says
Hello. I’m sorry to hear about your unpleasant living conditions. Generally speaking, you should be able to get out of your lease, but your husband signing for a second year complicates things a bit. It’s best you use our directory to find an attorney near you to go through the specific details. Best of luck to you!
Diane says
Hi just a quick question or two for you I live in an apartment in Euless Texas. Last August we had a rat chew through the walls and enter the apartment, one of the men looked me dead in the face and said “Your just hearing things, Im sure its a mouse or noise in the wall” After complaining for SEVEN straight days , ( because I didnt sleep) they had ripped out the cabinets and floor boards only to fill several bags of rat poop (walmart bags) It took a full year and 1 day to have the cabinets replaced , the walls fixed and everything back in order….long year , many requests (in writing) before it was done….NOW , the other night my sweet spawn of satan puppy spilled her water bowl….the water flowed straight under the wall to the back patio. Again, I write and call about it them and the Big Boss calls me to tell me this is NOT possible….so twice now I am a liar. I need to know if it is even safe to have the wall and floor not connected, bugs walking in at leisure and the cost of electric sky high because it is not sealed. We just finished having the apartment sprayed for roaches 3 times , I think the moved in but now its clear they just walk under the wall. Please tell me what I can do. I am tired of fighting this company and if you call the Corporate office they send someone from here to call you back, they cant be bothered.
Nancy Rapp says
Hello Diane. We encourage you to keep all of your receipts and take pictures of all the damage you’ve mentioned. Read your lease to make sure that you’ve done everything you can and need to do, and then make an additional complaint to management. If none of that helps, we encourage you to speak with a personal injury attorney.
Sue says
I am renting a home in San Antonio, TX thru a property management company. Recently found black spots that are getting bigger by the day and a leaking door frame under the molded sheet rock.(which happens to be located in our pantry). I’m not in construction or a plumber but can only guess it’s coming from the upstairs bathroom right above. I’ve notified the property management company who advised us to stop using the bathroom until further notice. They sent one of their contractors out after 3 days, he took a look and said he would be sending a plumber out (now on day 10) it’s a bit inconvenient to only have 1 bathroom and the PM Co advised we will be charged damages if we continue to use that bathroom. Can I withhold rent until they fix it or at least partial?
Nancy Rapp says
Hi Sue. Sorry to hear about your living situation. It’s hard to assume the specifics, but based on what you said, no, you probably can’t withhold rent. Your landlord has taken action that hasn’t gone of for weeks at a time. Just keep touching base and ask if you should call a plumber yourself, and have the cost taken out of your rent.
Tim & Renee says
Dealing with black mold that our apartment just sprayed kiltz over and says problem fix ! My wife and I both are experiencing the symptoms caused by mold. Please help Tim
Lance Buchanan says
Thanks for commenting, Tim. If both your wife and you are experiencing health issues related to black mold, first and foremost we recommend seeing your doctor for treatment. Second, get out of the apartment and stay elsewhere if the problem is that bad to avoid further health problems. Third, consider meeting with a personal injury attorney to find out your legal rights. You may be able to pursue compensation from the landlord. https://www.enjuris.com/directory/
Jessica says
We have been renting a house for a year we just found out there is mold in the house. The landlords are trying to fix the problem but don’t know how long it’s going to take. I don’t feel safe living there any more. My kids have been sick constantly and have a horrible cough that does not go away. Should the landlords give us our rent and deposit back if we want to move? Should they be reliable for us moving into a different place?
Ian Pisarcik says
Jessica,
I’m sorry to hear that your kids have been sick due to the mold in your home. Every state has different landlord-tenant laws. In most states, the landlord is responsible for removing the mold and you are entitled to withhold your rent until the mold is removed and the home is safe. You may also be able to file a lawsuit for your mold-related health problems. We recommend talking with an attorney in your area. Most attorneys offer free initial consultations.
Betty Eubank says
My bathroom is covered in which it looks like black mold. The first thing to do would be tell the landlord that the bathroom possibly has black mold in it. I look up at the ceiling and there are yellow spots on the ceiling. The restroom has terrible black floor and in the corners black and yellow in the corners. Should the landlord take care of this problem right away? Also, my floor has what looks like tiny fibers all over the floor like toner. Don’t understand why these tenants still stay here.
Anitra Toran says
I’ve been living in my apartment for 2 years a year of that I have been taking the allergy shot for the mold they fixed the problem some what the mold keeps coming back. How do I file for a lawsuit
Ian Pisarcik says
Anitra,
I’m sorry this keeps happening to you. I would recommend using our free online guide to locate an attorney in your area. If you can’t afford an attorney, the Texas State Bar has some terrific resources for you.
Ian Pisarcik says
Betty,
If the mold is dangerous, the landlord must take care of the problem immediately. If not, you would – in most cases – be able to withhold your rent. I suggest talking to a landlord-tenant attorney to discuss your best course of action.
Sarah Carr says
Hi, I hired a mold assessment consulting firm to conduct a test for mold in my apartment unit. I live in 700 SF and they took 3 air samples using a method similiar to a “wall test” according to the report. There was not really any visible mold in the unit but the air smelled musty and there was a bit of mold growing around the window frame in the master bedroom. The air samples, however, came back with 100k and 800k spores per meter cubed. Penicillium/Aspergillus was substantially all of that. There was chaetomium detected, as well but at lower levels, 3k and 600 spores per meter cubed. Chaetomium is considered toxic, right? I’ve reported and shared the lab test and report with my landlord and requested that they left me out of my lease, penalty free. I’m awaiting their response but am wondering if I can file a lawsuit if they refuse.
Ian Pisarcik says
Sarah,
If your landlord refuses to fix the issue, you can sue. If they refuse, I would recommend talking to a landlord-tenant attorney in your area.
Travis B says
I found black mold in my living room last Saturday and immediately put in a service request with my apartment complex. They came by on Monday and sprayed Killz on it and said it was fixed. The spot was about 10 inches up the wall, and about a foot wide. I knew spraying Kills on the exposed mold on the wall was not the correct way to handle this. I went to the property manager that day to address the issue and say that Killz would not solve the problem. They are in my apartment now “fixing” the problem. They are replacing the baseboards and that is all. There is no way this is getting rid of the mold. I believe this started in my laundry room/utility room due to a leak that was not handled for several days on two different occasions. I am considering taking a hammer to the wall once they have finished replacing my baseboards just to see if the magic they performed worked….or if I was correct in my assumptions that this was not being taken care of. I do not believe black mold is safe, therefore the apartment is not a safe livable condition. I am unsure if my actual health has been affected, but I see the potential of it being affected since the problem is not getting solved. What can I, or should I, do about this? Thanks for your help!
Houston, Tx.
Rena says
My situation is a little bit messier than seeing mold grow somewhere. I had a leak in the indoor air conditioning closet of the condo I had rented for more than 4 years. The AC Technician they sent out examined the unit and then looked behind the air intake where you put the filter. He had a flashlight and neither of us was sure what we were looking at. He touched the surface and it was a lot of water below the ac closet. He told me I needed a plumber and left quite abruptly. I of course became very curious. The water stunk and was a brown color that was in no way translucent. Not sure how it got there or how long it had been there but there was no outlet for it to go away. My property manager felt like I had a clog from my garbage disposal. They sent someone out to snake the pipes and felt certain it was fixed. (I never had standing water in the sink and the disposal worked fine). They did not appear to want to do anything about this pond in my condo.
I removed the water with a wet vac. It was 9 gallons worth of water. It looked really horrible. I showed pictures and videos to people at work and they all said they would not live there. I thought about every time water was pulled through the filter it was also being pulled over that water with an opportunity to pick up pathogens. It really stunk once I got the water out of this area which clearly was not originally constructed this way. The area had industrial strength plastic affixed by construction staples. The water was 3″ high. It was a large area and it was below floor level.
I have researched unknwon standing water inside a home and can’t find a single situation where it wasn’t harmful to humans. I look back over the 4 years living here and my health has most definitely taken a consistent downturn – both from respiratory problems to energy issues and depression.
I put in a maintenance request with the property manager to get a mold professional out for testing but they did not want to do that. They came and took some pictures and that is the extent of them handling this unusual problem. I feel like they were terribly negligent. I moved a couple of weeks after finding out about the stagnant water. It has been very difficult on me physically and emotionally. I did not want to move but truly believed that my health was at risk. The day after I got the water out of the reservoir, I began to feel better from a respiratory stand point.
The property management company manager is talking to me like I am a terrible tenant. The owner sent me an email saying they didn’t want any trouble. It was the first time anyone even acknowledged the situation with the standing water. Things have changed since that email. I sent them legal information about uninhabitable dwellings and the ability to break a lease. I was already month to month so there really wasn’t a lease to break. I paid for the full month of April and had to come back and live there for a week while my apartment was treated for a german cockroach infestation and until I could hire movers to take half of my belongings to storage which the first movers didn’t do.
I feel like this is a serious enough matter that the management company should have been in the condo cleaning and examining the unexpected pool of water. Instead, they gave me instructions to try to keep the property from decaying. I would like to sue them very badly but don’t know if this is a situation that warrants such counteraction.
Rose says
Hello, 9 months ago My 9 year old and myself moved into an apartment in North Texas. We have been constantly sick. My son my be held back this year because of all the sick days he was absent from school. Constant sinus problems, coughing sneezing, nauseous, diarrhea, horrible headaches. I also have extreme fatigue, hair loss, thank goodness I have extremely thick hair. I suffer brain fog. I can’t even remember all if the symptoms. Hot and cold flashes, chills. I have all the symptoms for adrenal fatigue, What I thought was dust all over the baseboards top of cabinets etc. was from mold in the HVAC unit. I took a flash light and looked as far as possible in the vents in each room and it’s covered in mold as far as I can see. The vents were painted over just like the window sills. There is black mold on the windows. I have never been able to open them. They are all suppose to have double pane glass. 2 windows are missing the inside pane, leaks water. I just seen the mold in the vents yesterday. I will be sending a certified letter to the management office. I do not feel it’s safe to be in the apartment, but can’t afford to go anywhere. I am looking for employment, it’s difficult because I am sick and tired constantly. My child has Heath insurance, I do not. I am making an appointment to have blood work etc for my child. I have been having a difficult time find an attorney in the Dallas/Fort Worth area for mold. Long term exposer to mold can cause long term damage. Please everyone check your a/c and heater vents. God bless.
Ravi Nalwaya says
Hello, does this also apply for new home construction? My home is under construction and is currently in pre-drywall stage. There is mold on lumbers throughout the home. Every single room has multiple lumbers affected with mold. What all is builder liable in this scenario since he is not cooperating. Please advise.
Rebecca B. says
Hi, I moved into a duplex in March and reported to managment about the AC unit and Hot Water heater having rust and mold and was told that if they work then it wasn’t a priority to change anything
My son even offered to fo all the work himself. I’ve been sick with Bronchitis and upper respiratory problems since a little after moving in and ended up in the doctors office and now on several medications. I have pictures of before moving in and present day. I don’t know what to do.
Cortney says
I’ve been in my apartment almost a year and a half and I reported a leak in my ceiling about three weeks ago then once again a week after that and a final time about three weeks ago. On the third complaint I notified them that it was now mold in there and requested a different apartment and was told no. I don’t know if my health has been affected yet, but I notice chest pains; however that’s not the biggest issue. My biggest issue is that I pay insurance through the complex I’m housed in and was told to contact the insurance company so they can put me in a hotel. On top of that I do not trust these people to make proper repairs and my upstairs neighbor that’s right above me as complained about having a leak and her carpet is always wet. I have two children and nowhere to turn for fear of exposing my children to something risky. I’ve been staying in my car, because I am terrified. I even still paid my rent after the first complaint. I need helpful insight of any can be given. Please help
Cortney says
Sorry last complaint of mold was three days ago
Ian Pisarcik says
Cortney,
You have several options if your landlord refuses to fix the problem, including fixing the problem yourself and seeking reimbursement from your landlord (or withholding the amount you spent on repairs from your rent). I would, however, recommend talking to an attorney in your area to come up with a more specific legal strategy. If you don’t think you can afford an attorney, contact your local state bar and ask for a referral to a free of reduced-cost attorney.
Ian Pisarcik says
Rebecca,
If the mold is toxic, your landlord has a duty to fix the issue. Alternatively, you can generally fix the issue and seek reimbursement (or withhold the cost from your rent). I would recommend reaching out to a landlord-tenant attorney in your area. If cost is an issue, call your local bar association and ask for a referral to a free or reduced-cost attorney.
Marla Linder says
I don’t want to sue my landlord, in fact, I’m moving out. About a year ago, my husband and I could hear water flowing (more than dripping) inside the wall.. They pulled up the carpet and brought a blower to dry it, and left it at that.
This week, water started dripping from the ceiling onto the floor again. We reported it at 5:15 pm to the office and they asked the maintenance man to come over. He didn’t, he went home.
The next day, he came over and set up a blower again. We are moving out, but I am dreadfully concerned about the future tennants.
What can be done to report this?
Ian Pisarcik says
Ravi,
New construction must meet certain minimum industry standards (in general, new construction must meet stricter standards). I would assume moldy lumbar does not meet these standards. I would contact an attorney in your area to help ensure the builder makes the appropriate changes.
Thomas L says
I have been getting ready to move (I have 3 months left in my lease). I went to get some items out of my patio storage and found mold coming down the ceiling (I’m on the first floor). I also have a water stain in my dining room ceiling. What legal rights do i have? Can my landlord evict me or try to make me pay for this if it is clearly from the unit above?
Anshae taylor says
My grandmother is very sick had to get rushed to hospital because her apartment complex did not fix leak with alot of mold growing she has pneumonia now and is not doing well please help cause this is not acceptable at al .
Ian Pisarcik says
Anshae,
I agree that it’s not acceptable. Use our free online directory to locate an attorney in your area. If you can’t afford an attorney, contact your local bar association and ask for a referral to a free or reduced-cost attorney.
Chad says
I live in texas. Harvey flooded 1 room. Landlord got paid ans said would fix. 2 years later imelda hit. Outside of house wood rotted from mold. Black mold everywhere. Trying to move but a lot of people lost homes so very scarce and expensive. Served eviction today. It was incorrect as we had no lease for past 7 years. Withheld rent after landlord said selling and offered us a duplex. So we obviously paid if willing to rent again. Never received certified letter as it states in notice and said didnt pay for 8 months. That is wrong. Also plumbing problems never fixed. Eviction papers totally wrong. Can i sue for being constantly sick. Mom having breathing issues as well as me. Both have nerve eye damage and stay with sinus infection. Miserable
Melissa Gold says
Hi, Chad. I’m so sorry to hear that you’re going through this. Without knowing the specific facts set forth in the correspondence (eviction notice, payment receipts, etc.), I can’t say what your legal standing would be with respect to the eviction issues.
As far as your and your mom’s health is concerned, the difficulty with making a case about mold is that it can be hard to link your symptoms or illnesses to the presence of mold. Also, before you could even attempt to do that, you’d need an expert to check the residence for the presence of mold and confirm that there is, in fact, toxic mold exposure.
Since there seem to be several issues involved with your rental, probably your best bet is to contact a personal injury lawyer who handles landlord/tenant issues or toxic torts. Please feel free to use the Enjuris Personal Injury Law Firm Directory to find a Texas lawyer who can work with you to make sure you’re being treated fairly by your landlord. Best of luck!
Ian Pisarcik says
Thomas,
Your landlord has a duty to remove toxic mold from your apartment. However, it’s your obligation to inform the landlord of the mold. I would recommend sending your landlord a letter explaining the situation. This will help you avoid an argument from your landlord that you made the damage worse by not notifying the landlord.
Ian Pisarcik says
Marla,
The landlord has a duty to fix this issue so the apartment is habitable for tenants. You, as a tenant, have some options (repairing the issue and deducting the cost from your rent, etc.). However, I’m not sure there’s a way to guarantee that future tenants are taken care of. One option may be to file a complaint about the landlord with your local health department.
Ian Pisarcik says
Travis,
If the black mold is toxic, your landlord has an obligation to fix the problem. I would recommend drafting a letter to your landlord explaining what remediation you believe needs to take place. If your landlord refuses, you could pay to have the issue repaired yourself (assuming its reasonable to do so) and deduct the amount from your rent.
As a precaution, it’s a good idea to speak to a landlord-tenant attorney in your area. Most initial consultations are free and an attorney can explain the steps you need to take.
Robert says
I have lived at my place 5 yrs. it,s an old home built in the 40,s there is mold everywhere and I told my landlord about it and so have repair men she sent here to fix broken pipes in the walls ,she has now told me to move by dec 1st bottom line ,I cant find a place that quick and I have been sick from this it,s every where even in the duct work and she was told so by the hvac guy.
Griselda says
Hello, I’ve worked for this company for over 2 years and about 3 to 4months from my hired date I’ve noticed black mold thru out the building, I let my boss know and he had me spray bleach to make it disappear but my health has gotten worse muscle pain in both arms, sneezing, eye pain, headaches respiratory infections frequently coughing lung pain ect. What can I do?
Melissa Gold says
Hi, Griselda. I’m sorry to hear that you’re suffering health issues. If your health issues are related to mold exposure in your workplace, you might be eligible for a workers’ compensation claim. You would need to do a few things: First, visit a doctor and explain your symptoms. Ask if the doctor thinks they’re related to mold exposure, and let the doctor know that you believe you were exposed to toxic mold at work. Second, you’ll need to know if the substance in the building actually is toxic mold. Some mold is toxic, and some isn’t. In order to determine if there’s toxic mold, an expert would need to perform environmental testing. You’ll want to consult an attorney so that they can advise you of how to handle this legally and with the permission of the property owner, if necessary.
If you’re in Texas, know that the statute of limitations (deadline by which you have to file a claim) is 1 year for a workers’ compensation claim and 2 years for most other kinds of personal injury claims. Normally, the clock begins to run on a workers’ compensation claim when you were diagnosed with an injury or illness, or when you should have reasonably known about the illness and that it was related to your work. If you’re not in Texas, it would be a good idea to check the time limits in your state to know for sure.
Most importantly, you might wish to consult with a workers’ compensation lawyer. The Enjuris law firm directory is a resource where you can find a lawyer near you. Certain illnesses, like those related to mold exposure, can be difficult to prove as related to that cause. A skilled and experienced attorney can help evaluate your claim. Best of luck, and I hope you begin to feel better soon!
Rha says
I am living on campus currently and i am fully aware of the mold issue. After Reading this article i have become even more horrified not just for my own safety but everyone else in the building as well. There are also cracks in the walls allow for a pest problem for a number of residents. I want something to change. What can i do
Ian Pisarcik says
Rha,
If you think there’s dangerous mold in your apartment, take a picture of the mold and send the photo to your landlord along with a letter explaining that you want your landlord to test and remove the harmful mold.
Lacy says
I rent an apartment in McKinney, Texas. I have bad condensation on my windows and glass doors. Which creates mold all around windows. I sent in a maintenance request and they came and sealed outside of windows, fixed dehumidifier and I have turned up the heater and ceiling fan (which has increased our electricity bill) as they suggested and it still continues to happen. I can see mold growing behind areas I can’t reach to clean. I have 3 small children one of which is only 6 months old. Having to keep cleaning condensation and mold constantly worries me as I feel it then continues to release mold particles into the air where my children can breath it in. I am reporting it again to maintenance and they are good about responding quickly. I’m just not sure what else can be done. But if the issue isn’t remedied can I request to move or break lease? We just renewed our lease for 13 months. Renewal lease starts in 10 days.
Ian Pisarcik says
Lacy,
If the mold is dangerous, your landlord is required to hire someone to come in and have it professionally removed. If he fails to do so, you have certain options–including suing, fixing it yourself and deducting the expense from your rent, or possibly breaking your lease. However, not all mold is dangerous. You might express your concern to your landlord and have him hire the appropriate people to come in and test the mold. You can contact your local health department for more information on this.
Lauren Peterson says
I found some mold in one of our living spaces and had it inspected and tested. I found out chaetomium mold is present (only indoors) with what I believe are “lower counts,” although I had the water source that was causing the leak turned off for at least two weeks already by that point. I’m aware this mold can can produce mycotoxins and is considered to be “dangerous.” The mold inspector made it seem as if immediate action should be taken, but our landlord has informed me that she is waiting to hear back from insurance. It’s been about a month since inspectors first came and it’s been a week and a half since the insurance adjuster came. If this is truly considered a dangerous mold, is there a certain time frame that action should be taken in re-mediating the mold?
Alicia says
I have been at my property almost two years now and it’s like pulling teeth to get any of my Maintenance request done. Keep in mind I have two children 2 and 9 right now I have pending in my bathroom the tile walls are falling through and they have just duck tape that you can see into the wall and they are not making it priority to fix it and it has been pending for almost 2 months now.
Melissa Gold says
Hello, Alicia. I’m sorry to hear that you’re having a difficult time with your landlord. A landlord is responsible for maintaining a habitable environment for you to live in, which includes making reasonable repairs to the property as needed. They’re also responsible for keeping your apartment safe for you and your family. If you feel that the maintenance issues cause a health or safety concern, you could call your local health department for guidance. They might do an inspection and follow up with the landlord. If that doesn’t seem feasible, you should contact a landlord-tenant attorney who can advise based on your specific situation and local or state laws. You can use this directory of state bar associations as a resource to find a landlord-tenant lawyer near you who can help. Best of luck!
Shawn Ty says
I live in a rental house in Texas. I’ve had terrible rashes over the past year and am wanting a mold inspection. I’m looking through the property code and am a little lost. I would like to pay for a mold inspection out of pocket but am unsure if I need permission from landlord to do so. Any feedback would be helpful. Thanks
Melissa Gold says
Hi, Shawn. I’m sorry you’re experiencing difficulty. Yes, you can get a mold inspection at your own expense and present the findings to your landlord. If the result is that the inspector finds toxic mold (but be aware that not all mold is toxic, so there could be not toxic mold), you definitely want to let your landlord know that the situation needs to be remediated. Be prepared that the landlord would also have the right to get a second opinion (an inspector of their own choosing) to take another look at the property. I hope the situation is resolved quickly!
The Major says
Hello,
We just moved in to what we thought was a nice house in Frisco a little over 2 weeks ago.
While on our way to Texas from Arizona at a cost of many thousands of Dollars the landlord (lease already signed several weeks before) wrote to inform us that he thought a problem he had with the house would be solved but it would require another 30 days to resolve. Termites in the center of the house.
We get to the house and he said the house would be sanitized when we got here. Dirt and bugs everywhere ( we have pics)
When looking at the house a month before I looked at him in the eye and asked about barking dog and he said only my dog and we are taking that with us. The day we got here two big dogs started barking at our fence reverberating through the house at all hours including a 10:30 PM and 3:40 AM wake up…having to work the next morning. When I wrote he said those dogs never barked before. For those who know dogs you know and older dog doesn’t start barking overnight…every day. He said it must be the visiting son’s dog. We researched the neighbors and found pics of the neighbors with the dogs as puppies barking at the fence.
He said they were nice folks and we should have gone and introduced ourselves to them and told them. yeah right…we don’t know them and we are supposed to say Hi…and about those dogs. Isn’t that against Privacy to suggest that?
In the second week 5 days ago the upstairs AC went out and he is blaming it on the Home Warranty company being busy. I didnt make a contract with the Home warranty company…I made it with him and he assured us he would fix things if needed. Now my 11 year old girl and 19 year old son cannot access their rooms or we cannot use half of the house.
Sprinkler head broke and is hitting the bedroom window at 5 AM
Now with the AC broke we are noticing a mold smell and under the kitchen sink he did report water damage…we are noticing a bunch of mold
We dont feel safe in this house anymore…is there anything we can do?
Thanks
The Major
Melissa Gold says
Hello, Mr. Major.
It sounds like there are several issues here. With respect to the dogs, it’s not clear to me if they live on the same property as your home (or the residence where the dogs live is owned by the same landlord), or if they’re nearby. Either way, you can look into noise ordinances in your municipality. Some areas have local laws or ordinances that require quiet during certain hours, and a consistently barking dog in the middle of the night would likely violate that regulation if it exists where you live. Certainly, if you can approach the dog’s owners kindly and graciously and request that perhaps they can keep the dogs indoors during certain hours when you’re sleeping, that might be a good way to keep yourself on good terms with your neighbors. But if that doesn’t work, check with the municipal code to see about a noise ordinance.
The maintenance issues should be addressed by your landlord. You might want to check your lease agreement to see what the terms and conditions are about timing and responsibility for repairs. Ultimately, the landlord is responsible for ensuring that your home is safe and well-maintained. If he’s not willing or able to do necessary repairs so that you can live comfortably in the home, you should call a landlord/tenant lawyer for assistance. Best of luck!
The Major says
Hey Melissa!
Thanks so much for you response..
We did get the AC partially repaired last night so that is good.
The Landlord did contact the neighbors and the dog has been quiet for about a week with occasional barks but it is increasing over the last few days.
My wife does Zoom broadcasts to over 600 people for her internet security work and the dog barking really affects her recordings.
I think the landlord is trying to help but it is his first time as a landlord>
At this point we just dont think it is a fit for our home and work from home life. We did ask him directly before signing the lease if there were barking dogs and he said no. Sorry but dogs dont learn to bark like this overnight.
Thanks again Melissa!
The Major.
Melissa Gold says
I’m glad your AC is working better. I’m sure it’s blazing hot in Texas right now and you don’t want to be without good AC. Remember, too, that a lot of people’s style of living is upended right now because of COVID-19. The neighbors with the dogs might be home more or less than they were before, or perhaps their day-to-day schedule is different from how it was a few months ago (I know my own dog is outside a lot more these days because my family is outside a lot more, now that we’re home all the time). But, if the dogs continue to be a problem, you definitely can look into your local noise ordinance. Or, as I suggested, make a friendly visit to the neighbors. Let them know that your wife’s job requires a quiet background for her Zoom calls, and ask if they can be courteous with when the dogs are allowed outside. Perhaps if you approach them in a cordial way (and non-confrontational), they will be more than happy to accommodate. Best of luck!
Mario says
the house next door hasn’t been inhabited fir years and is covered with black mold. The property is very close to my home about 10 feet. It seems that the home is in a federal reversed mortgage. Is there anything I can do
I’ve been having bad symptoms related to bkack mold. Thank you
Melissa Gold says
Hi, Mario. I’m sorry you’re in this situation. If you believe that the condition is affecting your health, you might wish to consult a landlord/tenant lawyer who can determine who’s in control of the property and see if there’s anything that can be done to remediate the mold. You might also wish to visit your doctor to see if perhaps your symptoms could be caused by any other condition, and to see if there’s anything you can do for medical treatment. I hope you feel better soon.
Cassandra says
Hi my name is cassandra. I live in clovis nm. I started renting at the end of 2017. At the end of the first year i was here i notice a big wet spot in the cieling. I reported it. They did nothing. So it just continued to get wet until it started leaking and then a bad storm came pulled off shingles in the same area. So it got worse. I had buckets that filed in 2 min. Still tgey did nothing. Finally the cieling caved. The whole was as big as a bathtub. The dabree was full of mold and it sat there till we could nit stand the smell anymore It was winter time. So it was freezing. We still paid our rent though. It took them 2/months to fix it. It distroyed my furniture. I tried to do an insurance claim and they lied and said it never happend. Now we have all been suffering bad headaches. All kinds of diff symtoms. Memory loss. I dont know if its mold but it smells pretty bad. What should we do?
Gggone says
I noticed vents were dirty. I took one of the covers off and think it is mold. It is stuck to the walls and vents as far back as I can see. Apartment Mgr sent a maintenance guy over and he looks at the vent covers throughout my apartment and says it is just dirty. I asked if he was sure and he said yes. He did not remove the covers. They want to send someone in to just clean it. I don’t think I should have to pay someone to determine what it is but the apartments are just calling it dirt. They will cover it up and move on. What is your recommendation or thoughts?
Drew says
Hi, own a condominium in Montgomery, TX and had a neighbors leak steadily running into my ceiling for the last year. Finally had the upstairs owner pay for a plumber. However, there is now a pretty obvious black mold problem. Both HOA and upstairs owner claim they are not liable. Who is liable here?
Ian Pisarcik says
Generally speaking, interior leaks are the responsibility of the condo owner and exterior leaks are the responsibility of the HOA. As such, your neighbor is probably liable for the water damage in your condo. I would write a written demand asking that your neighbor pay the cost of the repairs. If he refuses, it’s probably time to meet with a lawyer.
Concerned Mom says
I moved in my apartment July 2018, I noticed something on the vents but thought it was just rust or something from the vents being cleaned before I moved in. So I thought nothing of it. I have recently noticed black spots popping up on the ceiling around some of the vents. I believe it’s black mold so I contacted the landlord of the apartment, they sent someone out to check it and they say it’s dirt build up but I know it’s mold after doing research. Since I’ve been there my son which was 3 months when I moved in and is 2 years old now has asthma and severe allergies and I’m having bad headaches . Could this be caused by the mold in all of the vents in my apartment? Also what can or should I do about it? I’m very concerned now and don’t know what to do.
Vinnie Lombardi says
I rent an apartment in Tarrant county, TX. Discovered about a 10 sq ft area of block mold in a closet. It had spread to a box of mostly irreplaceable items like photographs and diplomas. Definitely caused by an exterior problem with visible evidence of wood rot, water damage, exposed insulation, as well as a very strong musty odor. Both of us who dwell here have been congested and sneezing more frequently the past couple months. Do we have recourse for the damaged items even if the property manager and maintenance team remove the mold and repair the problem in a reasonable time frame? There have been at least 10 plumbing issues in the past six months, including sewage leaking into our apartment and unrepaired water damage in the kitchen ceiling due to a leaky pipe from the upstairs unit. In the past week our water has been shut off 3 times for an Entire day for non specific “plumbing issues.” With this context, I’m hoping there is an opportunity for us to at the very least terminate our lease and move out without penalty.
Justin Richmond says
My concerns about brown mold and inside my walls by my bathroom(Black). I currently moving due to the unhabitual condition this house has. The roof was leaking and we see brown spots on the sheetrock and the bookshelf is deteriorating from what looks like mold. My sons and daughter had surgery back in February and my youngest son has asthma and we are very concerned about our families health. We rent from Anchor Property management and every time we get a repair. It seems like it is half done. I still got holes in my roof, looks like one board that hold up my center of roof is bowing and breaking, they fixed my leaky pipe but discovered rust coming from one of the fittings in my attic, in which tells me that it still is leaking as well. When they fixed my water line that was leaking and n0w my half bath sink doesn’t work. They repaired some pipes that were leaking and never put up sheet rock from October. So I lived with a hole in my ceiling for several months exposing the walls and left one pipe still loose and didn’t find out until 3 weeks ago that my roof was leaking and seems to have caused the bookshelf to rot out and spots of mold on my wall. We have left discussion that we want a health inspector out here since March 12th 2021 and that was several weeks ago, no reply about the health inspector. We constantly having issue after issues with the repair people and telling the company the problems but they keep ignoring us about” We want out of our lease. They keep telling us let them talk to the landlord and no replies are calls. I took more pictures today of the attic and it looks like structure damage and water damage is still occurring after the patch work of the roof. They still didn’t cover some holes in my roof exposing bugs and moisture to come into my attic. Had a electrician out here Monday and left my ceiling fan with exposed wires and imp not certified and don’t feel comfortable putting on the cover. still having flickering lights in the closet. I’m moving out on March 31st because this isn’t safe for my kids that had surgery on their tonsils and adenoids in February and still no reply about the mold just fixing what I’ve already told them about again today about a health inspector. I really don’t care about the deposit just want out of my lease that was renewed in March and if I would of known of the leak in the roof would of moved out due to the health concerns for my kids, especially the one who has severe allergies. I currently live in Spring Tx in a rental home.
Tresa says
Mr, Bell, what ended up happening in your situation???? I am there now!!! Any advice?
Sky says
I am dealing with the same thing.
Marie says
My boyfriend works as maintenance for a motel/apartment complex.. He is not certified to do a lot of work the owner has him doing. Recently one of the tenants behind my apartment had a hot water leak in their bathroom. Did not notify anyone about it until the water did nit completely turn off. Now i have mold every where inside my apartment. I brought this up with the owner. And if course his comment was my boyfriend is the maintenance why doesn’t he fix it. And basically said if i didnt like it here for me to move. He doesn’t pay my boyfriend. So what can i do my boyfriend doesn’t want me to call the city or gas company because now im having issues woth my water heater because the owner has threatened to throw us out if we do.
John says
I have been staying in a apartment complex for 10 months in Katy, Texas and have tried to have my apartment complex fix my A/C unit that has been leaking water into my floor and carpet over 20 times, every time they claim to fix the A/C the unit either doesn’t cool anymore or starts leaking again after a week or so, upon inspecting myself I found mold in different sheetrock around A/C unit, I have informed the complex more than 3 times and nothing has been done, im not sure how to handle this situation.
Ian Pisarcik says
In Texas, you have a right to demand that your landlord repair any condition that materially affects your physical health or safety under Texas Code § 92.052. Justices of the peace have authority to order landlords to repair or remedy conditions affecting your physical health or safety, as long as the cost of the repair does not exceed $10,000. You can go to justice court without an attorney to obtain a repair order.
Amara Lewis says
So we found a mold problem in our previous apartments April of 2019, we raised the issue and all they did was cover it with paint and we even have pictures of where the mold was. Talked to the apartment management about leaving because we didn’t feel safe especially with a child in the house hold, they said that was fine and we wouldn’t have a broken lease, so we found another apartment and moved in of June 2019, couple months later we now have a collection of $1,999 because they charged us a month of rent, is there anyway we can fight to get it off or would it be better just to try and pay it?
Lynne says
I live in Ohio we have a lot of black mold in the basement it is very easy to see can I hold back rent till it is gone I have never asked this before I have never even on this site before
Lynne says
My basement in the apartment is loaded with black more ceilings in the garage are falling down because of a water leak landlord has done nothing about it it’s been like this for over a year and I’m wondering what my rights are as a tenant about paying rent until this is fixed because I plan to call an inspector to come in and look at it because this is my sister who lives downstairs for me she’s had lung cancer twice and I’m wondering if the black mold had anything to do with it
Cheryl says
If they dont fix anything they already violated the lease in my opinion.take pics file a report with fair housing or HUD.read your lease to see what it says call a atty or news station investigation team
Cheryl says
HUD or fair housing you need pics reports of what they did and when and Dr report for your allergy who you talked to their response I am not a atty so do your research
Keli says
I moved into my apartment a few weeks ago and discovered black mold. I complained to my apartment complex and they only painted over it. I am at the ER and am being recommended to a Pulmonologist due to me being asthmatic. I want to break my lease with my Doctor’s note. Do I need a lawyer as well?
Catrena Mosley says
I have mold all in my bathroom it is taking over I told the landlord and we have a lease and his response was you need to move by the end of January we have no money to move on I have a lot of medical stuff wrong and they know this and have only one income can he do that i have had a lot of problems getting them to fix anything they still have not done nothing but 2 things they said that they were going to do and it took my 8 months to get that done our lease is up at the end of April