Avoiding Mold Related Lawsuits in Rental Properties

12/14/2020 (Permalink)

Commercial mold growth

Unchecked mold growth in rental properties can not only lead to mold insurance claims but lawsuits against property managers. It is important for property owners to take steps to avoid potential mold-related lawsuits.

Responsibility for Mold Prevention

Landlords and tenants share responsibility for mold remediation in rental properties. Mold is usually caused by excess moisture. Tenants are responsible for taking steps to minimize excess moisture:

• Using exhaust fans
  
• Keeping their residence well-ventilated
  
• Properly venting dryers
  
• Cleaning
  
• Wiping up condensation
  
• Reporting mold problems to the property owner
  
  

Landlords are expected to fix any leaks in the roof, windows, pipes or foundation promptly. Additionally, they may need to utilize the services of a mold remediation company in Guthrie, OK, to remove existing mold growth or dry out the wet property.

Handling Mold Cleanup
The cause of the mold is usually the factor that determines whether the property owner or the tenant is responsible for mold cleanup. Mold insurance claims may cover the cost of some types of mold damage. Generally, if the tenant's negligence caused the mold problem, the tenant will be responsible for the cost of mold cleanup. However, if the mold resulted from a properly reported leak, the property manager will most likely be responsible.

Legal Issues
Legal responsibility for mold damage varies by city and state. In some places, mold may fall under regulations that govern indoor air quality, requirements of habitability or legal nuisance. In cases where mold resulted due to the tenant's negligence, the property owner is usually not liable. However, because liability can result from the negligence of the property owner, all mold claim related lawsuits should be taken seriously.
Mold insurance claims may cover the cost of repairing some conditions, such as leaking roofs or pipes, that can lead to mold problems that are the responsibility of property owners. Promptly addressing mold issues reported by tenants is key to avoiding potential lawsuits.