Mold in Your Rental: Know Your Rights

Usually, yes: your landlord must fix mold caused by roof or plumbing leaks or other building defects, even though no federal law sets exposure limits for mold in homes. The duty comes from your state's warranty of habitability, the legal rule that a rental must be fit to live in, and from local housing codes. A few places, including California, Virginia, and New York City, address mold directly. If the mold comes from how you use the unit, such as moisture you did not control or report, the landlord may not have to fix it, and you can be charged for the damage.

Does your landlord have to fix mold?

The U.S. Environmental Protection Agency (EPA) says no EPA or other federal limits have been set for mold or mold spores, so a mold test cannot show that your unit fails a federal standard. Federally assisted housing has its own inspection rules. In public housing and HUD-assisted apartment properties, HUD's NSPIRE inspection standards count visible mold-like growth as a deficiency the owner must correct, with shorter deadlines for larger areas. Voucher programs may keep using HUD's older inspection standards until February 1, 2027.

For the warranty itself, see your right to a habitable home. Because mold cannot grow without moisture, the practical question is where the water came from. California's official tenant guide, for example, lists effective waterproofing of the roof and exterior walls and plumbing in good working order among the basics a rental must have, so mold from a roof leak or a broken pipe is the landlord's to fix.

Which states and cities have mold rules?

A few places name mold in their landlord-tenant or housing laws:

Virginia's move-in rule gives you two choices if the report says visible mold is present: end the tenancy and not take possession, or move in or stay, in which case the landlord must remediate the mold within 5 business days of your decision and reinspect. If the report says no mold is visible and you find some, object in writing within 5 days of getting the report, or the report is presumed accurate.

Who is responsible when the moisture comes from how the unit is used?

In California, tenants must keep the unit as clean and sanitary as its condition allows, use plumbing and other fixtures properly, and avoid damaging the unit. If your failure to do these things substantially caused the problem, or substantially got in the way of the landlord's repair, the landlord does not have to fix it, and you cannot withhold rent until you correct your own violation. Virginia requires you to make reasonable efforts to prevent moisture buildup and mold, and to promptly tell the landlord about moisture or visible mold you find.

EPA recommends these moisture controls, most of which a renter can handle:

• Keep indoor humidity below 60%, ideally between 30% and 50%. A humidity meter costs about $10 to $50 at a hardware store.
• Run the bathroom fan or open a window when you shower, and use exhaust fans when you cook or run the dishwasher.
• Dry wet areas and items within 24 to 48 hours after a spill or leak.
• Report all plumbing leaks and moisture problems to the owner or manager right away.

Failing to report a leak you knew about can shift responsibility toward you, because California's habitability rule turns on what the landlord had notice of and Virginia makes reporting one of your duties. For mold after a flood or burst pipe, see also water damage in your rental.

How should you document and report mold?

1. Photograph it. Take dated photos of the mold and of any water source, such as ceiling stains, drips, or condensation on windows, and note any musty smell. Record humidity readings if you have a meter.
2. Notify the landlord in writing. Describe where the mold is, its rough size, the suspected source, and when you first saw it. Ask the landlord to fix the moisture source and remove the mold by a specific date, and keep a copy.
3. Skip the mold test in most cases. EPA says sampling is usually unnecessary when mold is visible. If testing is needed, EPA says professionals with mold sampling experience should do it.
4. Ask for an inspection if the landlord does not act. Call your local code enforcement office or health department. In California, an officer's finding is what makes visible mold a substandard condition, and in New York City you can call 311 or file a complaint online. EPA suggests contacting local, state, or federal health or housing authorities when persistent water problems are not fixed.
5. Tell your doctor about symptoms. EPA says mold can cause allergic reactions such as sneezing, a runny nose, red eyes, and skin rash, trigger asthma attacks in people with asthma who are allergic to mold, and irritate the eyes, skin, nose, throat, and lungs.

What should mold cleanup include?

EPA says a cleanup is not finished until the water or moisture problem is completely fixed, no visible mold or moldy odor remains, and the area shows no new water damage or mold growth when checked shortly afterward.

Size is one factor in who should do the work:

• Under about 10 square feet (roughly a 3-foot by 3-foot patch), EPA says most people can handle the cleanup. Scrub hard surfaces with detergent and water and dry them completely. Porous materials such as ceiling tiles and carpet may need to be thrown away. Do not paint or caulk over mold. EPA suggests an N-95 respirator, long gloves, and goggles without vent holes. If the water was sewage or otherwise contaminated, EPA says to call in a professional experienced with that damage, and if you have health concerns, to consult a health professional before you start.
• More than 10 square feet, or heavy water damage: EPA says to follow its guide on mold remediation in schools and commercial buildings, which also applies to other buildings. If a contractor does the work, EPA says to choose one with mold cleanup experience who follows that guide or similar professional guidelines. In New York City buildings with 10 or more units, the owner must hire licensed professionals at that size.

Cleaning a surface yourself does not end the landlord's duty to fix a leaking roof, pipe, or window behind it.

What can you do if the landlord won't fix it?

Your options depend on your state. These examples come from California, New York City, and Virginia:

• Code enforcement report. An inspector's report documents the condition, and California's guide says a report from a local health or building official helps if you later defend rent withholding in court. In New York City, HPD issues mold violations that the owner must certify as corrected.
• Repair and deduct. In California, you can pay for a repair and subtract it from the rent only if the defect is serious and directly affects your health and safety, the repair costs no more than one month's rent, you use the remedy no more than twice in 12 months, and you or your guests did not cause the problem. You must tell the landlord first and wait a reasonable time, which California's guide says is usually 30 days and can be shorter for urgent problems. See repair and deduct.
• Rent withholding. In California, you can withhold some or all of the rent only for serious defects that threaten your health or safety and that you did not cause, and only after you notify the landlord and give it a reasonable time to repair. The landlord may then sue to evict you or collect the rent, and judges usually order a reduced rent, so California's guide recommends setting the withheld money aside. See whether you can legally withhold rent before you try it, because the steps differ by state.
• Damages. In Virginia, the landlord is liable for your actual damages, such as ruined belongings, caused by its failure to use ordinary care in meeting its repair and mold duties.

If the landlord raises your rent or threatens eviction after you report mold, see retaliation protections for tenants. Mold falls under the repair rights described in your basic rights as a tenant.