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Mold in Rental HousingThe purpose of this information is to help tenants better understand the hazards associated with indoor mold growth and the options available to resolve mold problems. The rights and responsibilities of tenants and landlords with respect to mold can vary depending on the terms of the lease contract, the cause of mold growth and whether local government agencies can intervene. Resources listed at the end of this fact sheet may also be helpful.
What Is Mold And What Causes It?Mold is type of fungus that is present in our natural environment. Mold spores, which ar tiny microscopic "seeds", can be found virtually everywhere, including in homes, and are a part of the general dust found in homes. These spores can grow on building materials and furnishings if conditions are correct. Excess moisture is the critical factor in any indoor mold problem. Mold growth should not be tolerated in our homes. Eventually, the moisture and mold will damage what it is growing on, which may include both the building and the renter's personal belongings. The key to preventing mold growth is to prevent moisture problems. Go to > top. What Are The Health Concerns?Health effects from exposure to mold can vary greatly depending on the person, the amount of mold in their home. The type of symptoms that may occur include coughing, wheezing, nasal symptoms and throat symptoms. People with asthma or allergies who are sensitive to mold may notice their asthma or allergy symptoms worsen. Individuals with severely weakened immune system who are exposed to moldy environments are at risk of developing serious fungal respiratory infections. MDH recommends that people consult a medical professional if they are concerned about the effects of a moldy environment on their health. Go to > top. What Can I Do As A Tenant?Generally, the landlord is responsible for repairing moisture problems and cleaning up mold, unless it is a minor issue related to the tenant's behavior. Tenants should look at their own behaviors to determine whether they may contribute to the moisture problem that is causing mold. Here are some tips:
When moisture problems do occur, it is critical to quickly report the cause of moisture and to dry affected areas. Tenants should promptly notify their landlord when they find a moisture problem or mold growth. Common moisture problems include pipe leaks, roof leaks, sewage back-ups, and over flowing toilets/sinks/bathtubs. A verbal communication should be followed up with a letter to avoid misunderstandings. The tenant should keep a copy of this letter, for possible use in future legal proceedings. A timely response is in the interest of both the tenant and the landlord because delays may result in greater costs to clean and repair. Go to > top. What Can Be Done About Indoor Mold?Tenants and landlords should try to work cooperatively to investigate and correct moisture problems and remove mold growth. If mold can be seen, if a musty odor is present, or if there is good reason to believe health problems are being caused by mold, a careful inspection of the home should be conducted. Attention should be paid to hidden areas, such as plumbing access areas, crawl spaces, behind mirrors, attics, behind furnishings, closets and cupboards. Correcting a mold problem properly requires fixing the moisture problem, removing the mold, and keeping the home dry in the future. Mold growth should be cleaned from (non-porous) surfaces such as concrete, metal, glass, tile, and solid wood. Mold growth is difficult to clean on absorbent (porous) surfaces such as dry wall, carpet, fleecy furnishing and insulation. These moldy materials should be discarded. Personal belongings can be kept if there is no mold growth in them. They may need a deep cleaning to remove mold particles that have settled in the fabric. Merely applying a chemical, like bleach without removing the mold growth is not an effective solution; neither is simply painting over the problem. There are numerous private contractors who specialize in inspecting or cleaning mold in homes. Where problems cannot be identified or safely remediated, the landlord may want to hire a residential service provider. In addition, certain moisture problems may be covered under property or renter insurance. Go to > top. What Are My Options If The Owner Refuses To Help?There are no legal requirements specific to mold in most residential settings. However, Minnesota law (Minn. Stat. § 504B) requires that a landlord must provide an apartment that is habitable and in reasonable repair. If an apartment becomes uninhabitable, the landlord has violated or breached the lease. When owners or occupants of mold-damaged buildings are unable or unwilling to correct a problem resulting in indoor mold growth, insurers, private contractors, non-governmental assistance organizations or possibly local units of government may be able to assist. If, and how, government agencies are able to respond to complaints in rental settings depends on the status of local codes or ordinances, and what authority the local program has for dealing with this issue. The following are steps that the tenant may take if the landlord fails to make necessary repairs. NOTE: THE MINNESOTA DEPARTMENT OF HEALTH DOES NOT PROVIDE DIRECT SERVICES (SUCH AS INSPECTIONS OR TESTING) FOR MOLD PROBLEMS. Check the Lease Agreement Contact the Local Housing Department Contact the Local Health Department Contact the Municipal Building Official Legal Action For more information on legal issues, see the Legal Aid fact sheets: Go to > top. Who Is Responsible For My Belongings?Tenants are responsible for their own belongings unless they can prove that the owner’s negligence in maintaining the building contributed to the damage. The insurance carried by the building owner does not cover tenant’s personal belongings. The tenant could try to sue the landlord for lost belongings. Tenants can purchase renter's insurance. The terms of the policy dictate what coverage is provided. Mold damage may not be covered by the policy, while water damage may be covered. To make a claim to renter's insurance provider, tenants should document the damage with photographs and written descriptions, and then contact their insurer regarding policy coverage and specific filing requirements. Go to > top. I Live In Public Housing. Are There Other Options?Yes. The tenant should contact the public housing agency for their city or county. There may be a social worker assigned to public housing in your area whom can mediate between the tenant and landlord. If this is unsuccessful, the tenant can contact the Minnesota Housing and Urban Development Office. Tenants in public housing may want to pursue the other options described above, but the public housing agency and Housing and Urban Development Office should address tenants’ reasonable requests that are within the bounds of property maintenance and building code. Go to > top. Resources For Tenants:
Legal Resources:
Go to > top. For questions about this page or indoor air quality, please contact the Indoor Air Unit at health.indoorair@state.mn.us, 651-201-4601 or 800-798-9050. |
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