You want to maintain a steady income stream from every unit you own. That may end if mold is visible in a unit because it may result in a tenant claiming the unit’s uninhabitable. They may also withhold rent if they pay for self-help to address the problem.
What is Mold?
Molds are part of the environment, according to the federal Environmental Protection Agency, and may be found in nearly any place where moisture and oxygen are present. They are a type of fungi (a group of spore-producing organisms that feed on organic matter). Molds break down dead organic matter like dead grass, fallen leaves, and trees. Indoor mold growth should be prevented.
Why is Mold Dangerous?
Human health studies, according to the California Department of Health, show that the presence in buildings of the following increase the risk of respiratory disease for occupants:
- Visible water damage
- Damp materials
- Visible mold
- Mold odor
Known health risks include:
- Developing asthma
- Triggering asthma attacks
- Respiratory infections
- Allergic rhinitis
The more widespread or severe the visible mold or mold odor, the higher the health risks. Children and some adults are more sensitive to mold.
What Causes Mold Problems in Buildings?
The combination of water, dampness, building materials, and time causes mold, reports the federal Centers for Disease Control and Prevention.
Water can come from inside (leaking pipes or water splashing from tubs or sinks) or outside (rainwater or flooding). When it comes in contact with building materials (rugs, walls, ceiling tiles) and they’re wet for extended periods, mold can develop. Humid air with excessive moisture can also cause dampness and mold.
What’s the Law?
Under state law:
Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building…Visible mold growth, as determined by a health officer or a code enforcement officer…excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
The presence of mold, in and of itself, isn’t enough to justify a claim the unit’s uninhabitable due to your lack of action to correct the problem, which would back a claim for constructive eviction. But the mold may be the result of other issues that are listed in state law as problems making a unit uninhabitable:
A dwelling shall be deemed untenantable…if it substantially lacks any of the following affirmative standard characteristics…Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors…Plumbing…that conformed to applicable law in effect at the time of installation, maintained in good working order.
If the water causing the mold is leaking from the outside or interior pipes, it may trigger this law.
How Do I Prevent a Tenant’s Mold Claim?
If a tenant reports a mold problem, you should investigate it. If the tenant’s causing it, they need to be educated on how their acts lead to the mold. Like any tenant misbehavior, there’s only so much you can do.
If it’s a bona fide problem, you need to find the cause. You’ll be continuously cleaning up and remediating mold if you don’t. Ideally, the reason is easy to find. If not, you may be looking for the water-leaking needle in the damp haystack.
If the problem is severe, you may need to remove affected drywall, studs, or floorboards and repair the roof or plumbing. If you do the work yourself without protective equipment, you may learn firsthand how mold can make you sick. Hiring a mold remediation contractor may be a wise, long-term investment.
We’re Here to Help
If you’re a residential landlord with questions about mold issues or facing mold-related legal claims by a tenant, call Anthony Burton at (949) 244-4207 or complete our online contact form today.
