Renters can face a wide range of issues that can seriously affect their quality of life and day-to-day living. One of the most common examples of this is mold, which oftentimes is much more than a small nuisance. Mold can lead to serious health concerns and structural integrity issues in a rental unit if left unaddressed. This is why it’s important to ensure that landlords act fast to protect you and your home.
When landlords ignore mold issues, it leaves renters in unsafe living conditions, and it’s fair to wonder whether you have any legal grounds to do something about it. Thankfully, under Texas law, you do.
Texas law gives tenants rights, and mandates that landlords have an obligation to maintain a safe and habitable property for their residents. Below, we break down how to recognize landlord negligence, at what point mold becomes a legal issue and how to document the problem to ensure that you keep your home safe.
Recognizing Landlord Negligence
Negligence itself focuses on what the landlord did or failed to do regarding a tenant’s property. A landlord may be considered negligent if they knew or should have known about a problem and didn’t act within a reasonable amount of time. Examples of landlord negligence could include:
- Delaying repairs involving water damage;
- ignoring repeated maintenance requests;
- failing to fix HVAC systems, plumbing issues or water leaks; and
- ignoring mold issues or painting over them.
If you’ve reported the issues and nothing has been done, that inaction may help you build a stronger case.
When Does Mold Become a Legal Issue?
Mold existing in your rental property does not automatically mean that your landlord has violated the law. However, if the mold is affecting the livability of your home, then the law can step in. In Texas, the law states that landlords must provide rental housing that is both safe and livable; an excessive amount of mold violates this. This includes fixing conditions that threaten a tenant’s safety and well-being. The law applies to situations involving mold when:
- It causes a strong, noticeable smell;
- causes visible staining;
- spreads across walls, ceilings and flooring;
- continually returns, even after repeated cleanings;
- is linked to other maintenance issues (e.g., plumbing failures, leaks and moisture); and/or
- is causing breathing problems, allergies or asthma
In many cases, mold is a symptom of a larger problem. If your landlord fails to address these underlying issues, that negligence may give rise to a legal claim.
Documenting The Problem
If you are a renter who suspects mold in your home, acting promptly is crucial. Your ability to recover damages, get repairs and force action is dependent on how well you document the issue in writing. Below, we lay out the steps you can take to protect yourself and best set up your case for success.
- Document everything: Take photos and videos of anything related to visible mold, water stains and damaged surfaces. Furthermore, save written correspondence with your landlord and keep a copy of all records.
- Notify your landlord in writing: Report any issues with mold in writing, as soon as possible.
- Request repairs: Surface cleaning is not sufficient to fix mold caused by leaks or moisture. Ask specifically for repairs that address the source of the problem.
- If necessary, seek medical attention: If mold is causing health problems, see a doctor and ask for documentation linking symptoms to your living conditions.
What Compensation Might Be Available?
If landlord negligence has caused mold exposure, you may be entitled to recover the following damages:
- Medical bills related to illness or respiratory issues;
- property damage to furniture, clothing or personal items;
- temporary housing or moving costs; and/o
- rent adjustment value.
Give us a call to help explain what compensation may apply based on the facts of your case, as every situation is different.
Handling The Situation
At The Johnson Law Firm, we help tenants stand up to negligent landlords and ensure proper living conditions for our clients. We believe that no one should have to sacrifice their health to keep a roof over their head.
Living with mold can be stressful, but you have options. If you feel ignored and are living in unsafe housing, your landlord has a legal obligation to provide you with a better situation. If you’ve tried resolving the problem on your own and nothing has changed, seeking legal help might be the next step.
If you’re dealing with mold or landlord negligence, contact us today to discuss how we can help. Click for Mick today, your case is our priority.
