According to landlord tenant law, who bears responsibility for toxic mold removal?

When toxic mold is found in an apartment, the landlord will be held responsible for the cost of removal in a majority of cases because he or she is the owner of the property. However, a tenant may be held liable for damage to the property if it can be proven that he or she was responsible for the growth of the mold.

There are no true federal laws governing liability for toxic mold in rental units, so there is no single answer to which landlords and tenants can turn. A few states offer certain requirements – for example, clean air laws – that help govern the responsibilities of the landlord in relation to mold, but this is often a gray area. For this reason, landlords commonly spell out mold provisions in their leases.

When a Renter Is Responsible for Toxic Mold

While a landlord is usually responsible for the remediation of toxic mold, there may be a few specific times when the renter is responsible. This can occur when:

• The renter knew about a leak or another issue that would create a mold problem, and did not inform the landlord;
• The renter shut the apartment up tightly and created extremely high humidity;
• The renter did not maintain cleanliness.

Shared Responsibility for Toxic Mold Problems

In a situation where the renter created some humidity but the apartment may have already been prone to mold growth, liability may be divided between the two parties. Because there are no definitive rules about this, each case differs, and parties who cannot agree may need to enlist the assistance of lawyers. It’s important for both landlords and tenants to keep careful documentation of the condition of a rental property for exactly these types of scenarios.

Toxic mold can have serious health consequences. If you are living in an apartment with toxic mold, you should strongly consider speaking with a lawyer to help you get relief from your landlord and to help you collect compensation for what you've gone through.