Tenants Rights and Mold in

Toxic Mold, Tenants Rights, and Responsibilities in

The reason my partner and I started Mold Test USA is because we were renting and were living with toxic mold. For months everyone living in our apartment was sick, and we could not figure out why. Until we found visible mold and realized we were living with toxic mold. The apartment complex had no plans to perform a proper mold remediation, so we moved out. Unfortunately, for us at that time, we did not know we had legal rights. We did not get back our $1200 deposit. We were sued for the remainder of the lease which was over $10,000 and worst of all, it went on our credit.

The first thing you must know is you do have rights. You can take aggressive action with your landlord if the following steps are taking.

1. Notify your landlord in writing that you feel your home may have toxic mold and request a mold test.

2. If your landlord does not comply with your written and notarized request, now it is time to play hard ball. You must purchase a professional mold test in order to totally control your case. You want to be in control of the results, not your landlord.

3. It is important to get legal consultation.

Your legal representative will look over your lease agreement and may contact your landlord informing them of your expectations. Sometimes just a letter from your attorney may be enough to get what you want. If your request is not met, specific actions must take place to rectify the situation.

• Contact your local Housing Department in .
• Contact your local Health Department in .
• Contact your Municipal Building Official in .

4. A professional mold test provides you with an honest assessment, which in the event a problem is found, it can first be rectified between renter and owner. The ultimate goal is to get what you want, get what you deserve, and for you and your family’s health to be placed first.

5. If toxic mold is present, a proper mold remediation must be performed in order for a safe environment to be provided. After the mold removal is completed, a post remediation mold test must be conducted to properly evaluate mold spores are no longer elevated.

6. State laws and standards vary from state to state regarding professional requirements and training. Your inspector should be certified through an accredited IAQ course.

*Tips from “The Mold Brothers”

• Always keep copies of everything sent and received.
• If your landlord pays for the mold test, they do not legally have to show or give you the results unless ordered by a judge.
• If your landlord does not handle your mold concerns in a timely and professional manner, you may request your deposit back if you move. No negative reports to any of the three credit agencies. There should be no legal responsibility on your part for the remainder of the lease. Possibly even compensation for time missed from work and medical expenses. Your request should always be in writing.