Finding mold in a rental property is one of the primary areas of concerns for landlords in the Kansas City metro area. Considering our frequent storms with flash flooding, it is especially important to note that after water damage, mold can form in as little as 24-48 hours. Unresolved mold can even cause future problems selling your property. In addition, mold can cause health effects to your tenants that can also cause your liability to increase significantly.
What is the Landlord’s Responsibility for Mold in a Rental Property?
Surprisingly, landlord’s responsibilities regarding mold usually go unstated in regulations, building codes, statutes, and ordinances. However, there are exceptions where they are written. We have gone through those laws and explained how a landlord can be held responsible for mold problems.
Missouri Mold Laws
According to Missouri Business Alert, “Although more than 30 states have moved forward in regulating indoor mold conditions, there is no statute regarding mold in either Missouri law or federal law. Under Missouri Law, standard rental leases contain an “implied warranty of habitability,” which is a promise landlord make to keep his or her property habitable to tenants. However, whether and in what quantities mold is harmful to people’s safety is not clarified in the warranty.” Contacting your local city manager or mayor’s office or local health department is advised to know more about any mold-related ordinances. With frequent flooding and high humidity during the summer months, the Kansas City area is at high risk for water damage and for mold in a rental property.
Federal and State Laws
Unfortunately, no federal laws for mold have been declared in any country throughout the globe. No building tolerance or limits have been placed within federal laws. However, a few states have finally stated laws on landlord obligations to fix mold. These states include New Jersey, Indiana, California, Maryland, and Texas.
Let’s explore California’s law named as “Toxic Mold Protection Act of 2001.” According to this act, there is a standard limit for an indoor mold for sensitive people like children and the older generation. The act also allowed DHCS to set remediation standards for landlords and owners and asked landlords to aware tenants of known mold. It has been stated a crime to keep the tenants uninformed of the suspected mold in a rental.
Suggested Article: “What to Do If You Find Mold? Tenant and Landlord Action Steps”