Tenant Rights and Mold Exposure in Texas

Does your landlord have to remove mold from your rental unit?

Mold is a serious environmental hazard, and it is not something that landlords can just ignore or sweep under the rug. It often grows quickly in damp places like basements, attics and other parts of a building that have poor ventilation and high humidity.

Mold causes a musty, moldy smell throughout a property, which can set off a chain reaction of coughing, sneezing, sniffling, and much more severe health issues.

In Texas, tenants are entitled to legal protections concerning mold. However, these rights might not be as extensive as some tenants would prefer.

Is mold harmful?

Mold species are generally categorized into one of three types:

Allergenic	Pathogenic	Toxigenic
Unlikely to cause illness.	Can cause infection in people who are immunocompromised.	Toxic to all humans and animals who encounter it.

In 2004, research conducted by the Institute of Medicine (IOM) established a clear association between indoor mold exposure and several respiratory issues, including symptoms of the upper respiratory tract, coughing, and wheezing in individuals without underlying health conditions; symptoms of asthma in asthmatics; and hypersensitivity pneumonitis in those prone to this immune-related condition.

The World Health Organization (WHO) expanded on this knowledge in 2009 by publishing the WHO Guidelines for Indoor Air Quality: Dampness and Mold, which provided further insights. Recent research has indicated a possible connection between exposure to mold at an early age and the onset of asthma in some children, especially those genetically predisposed to the disease. 

However, the relationship between exposure to molds and other serious health issues, such as acute idiopathic pulmonary hemorrhage in infants, memory loss, or lethargy, has not been conclusively established. More research is necessary to determine the negative health impacts associated with mold exposure.

What are my landlord’s responsibilities with respect to mold in Texas?

Texas doesn’t have any laws specifically addressing a landlord’s obligations regarding mold prevention and remediation. 

However, landlords in Texas have a duty to remove conditions that “materially affect the physical health or safety of an ordinary tenant,” so long as the following are true:

• The tenant is up-to-date on their rent, 
• The tenant notified the landlord of the problem, and 
• The problem was not caused by the tenant or one of their guests.

Mold arguably falls under this duty, as it may materially affect a tenant’s health. 

To get your landlord to fix a mold problem in a rental unit, you must provide written notice via certified mail with the return receipt requested or by registered mail to the person to whom or where your rent is usually paid.

Once your landlord receives notice, they have a “reasonable amount of time” to fix the issue.

It is generally assumed that seven days is a fair amount of time for a landlord to take action. To challenge this assumption, it’s important to think about the seriousness of the issue and how easily materials, workers, and other necessary services can be obtained.

Suing your landlord for mold in Texas

It’s possible to sue your landlord if you suffered damages as a result of mold exposure. To successfully sue your landlord, you’ll need to establish that:

1. You requested that your landlord fix the mold issue, 
2. Your landlord failed to fix the mold issue, and
3. You suffered damages as a result of your landlord’s failure.

In most cases, establishing the third element is the most difficult. 

Proving a direct link between the mold exposure in your rental unit and a specific health problem can be challenging for a number of reasons, including:

• Multiple factors: Health problems can arise due to various factors such as pre-existing medical conditions, environmental factors, or genetics. It can be difficult to isolate mold exposure as the sole or primary cause of a specific health issue.
• Testing: Without paying for expensive testing, it can be extremely difficult to prove that the mold in your apartment is toxigenic. 
• Common symptoms: Many symptoms associated with mold exposure, such as coughing, sneezing, or headaches, are also common symptoms of other conditions, such as allergies or viral infections. This overlap can make it difficult to pinpoint mold as the primary cause of your health problems.
• Multiple mold sources: Mold is a natural part of our environment and can be found indoors and outdoors. Proving that the mold in your apartment is the sole cause of your health issues can be difficult, especially if you have been exposed to mold from other sources.

To strengthen your case, it’s important to document the mold issue, your symptoms, and any medical treatment you receive. Consulting with a medical professional and a lawyer can help you better understand your situation and determine the best course of action.

Preventing mold problems

The Texas Department of Licensing and Regulation, which regulates professionals who provide mold assessment and remediation services in Texas, has several recommendations to prevent mold problems:

Essential resources for addressing mold issues in Texas rental units

Before pursuing legal action, it’s a good idea to collaborate with your landlord to find a common solution for mold issues. Below are several resources that may be helpful:

• Tenants can file a complaint with the local city or county health department. 
• Tenants can contact their City Building Official who may inspect the unit and enforce maintenance provisions of the building code. 
• For free or reduced-cost legal services, tenants can contact the State Bar of Texas.

Finally, the following resources right here on Enjuris may be helpful: