While lead paint disclosures are required, there are no regulations or statutes that require a similar disclosure when it comes to mold contamination. Mold plagues some apartment complexes but tenants have little recourse in Georgia Now Gray and her children wake up with piercing headaches. Mold is a common type of fungus that thrives in moist, warm conditions. In recent years, mold has become a known issue. Mold spores are always going to be present. Can a Condo Association Only Pass a Special Assessment for Damage Against Some, but not All Units in the Condominium? That said, tenants can still try to recover damages from their landlords in court if they have been affected by the high concentration of mold in the units. Official Florida Mold Laws for Renters Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. (d) Perform or offer to perform any mold remediation to a structure on which the mold assessor or the mold assessor’s company provided a mold assessment within the last 12 months. In Florida, there’s a particularly common issue that causes legal disputes between landlords and tenants year after year, particularly when the weather heats up. any person supervising or conducting mold testing), maintain a specialty license with the Florida Department of Business and Professional Regulation (DBPR). "I moved the blinds in the kitchen and that's when I saw the mold… Mold and the Landlord's Duty to Maintain Habitable Premises Even if your state or city doesn't have specific mold laws, your landlord could still be liable for a mold problem in your rental, as a result of landlords’ responsibility to. For more information, call us at (954) 241-2260, send an e-mail to firstname.lastname@example.org. Florida Mold law for Renters were created to protect tenants from living in uninhabitable conditions. The second strategy is the “rent withholding.” Here, tenants can stop paying rent citing that the mold in the property has made the property uninhabitable. If you have renters insurance - and we recommend all renters purchase insurance for their own protection - it may cover the cost of some of your belongings if they are ruined by mold. We can tell you a bit about landlord liability for mold in rental housing, but it’s important to understand that the laws vary from place to place and laws also change over time. Mold can literally be a dirty word in multifamily buildings. It needs to state that they have 7 Days to remove it. Contact us today and how we can help you! If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above. The laws around mold vary from state to state, so if you feel your apartment is uninhabitable due to mold, be sure to check your state laws or ask a lawyer for advice. Unlike plants, mold doesn’t need sunlight to grow, at least not directly. It governs the rights of both landlords and tenants. Identifying toxic mold is not easy as there are many types of mold and not all are toxic. Sometimes disputes occur when landlords don’t want to pay. Under Florida landlord-tenant laws, mold resulting from a tenant’s carelessness qualifies as excessive property damage. Routine inspections can help you identify mold problems early before they become serious and costly. Mold is an environmental hazard that can cause concern among renters. by markham | Nov 30, 2018 | Uncategorized |. For more information, contact your local code compliance department and ask about their “minimum housing standards”. For your reference, this is codified in Fla. Stat. Mold in Apartment & Tenant Rights. In addition, all persons conducting “mold remediation” (which includes persons performing removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet) must maintain a speciality license with DBPR for mold remediation. In Florida, water and mold damage to the drywall of the walls and ceiling of condominium units is a frequent problem. Once they find mold in their apartment, they need to send notice to their Landlord. For more information on providing written notice to a landlord, please see our blog article on this important subject by clicking here. Specific landlord and tenant responsibilities, including apartment maintenance and pest control, are listed in the lease and governed by Florida law (Chapter 83, Part II, Florida Statutes). Repair and deduct – tenants have the right to make a repair and deduct the cost from next month’s rent —as long as tenant already notified the landlord of the problem and has given them seven days to resolve the issue. Of course, with every situation, there may be exceptions and differing facts which require the analysis of a mold attorney. Most varieties of mold and mildew do not pose a risk to your health. To minimize the effects of mold, you need to be proactive. (f) Accept any compensation, inducement, or reward from a mold remediator or mold remediator’s company for the referral of any business to the mold remediator or the mold remediator’s company. In Florida, there are mold laws in place in case of any problems. Florida’s Landlord / Tenant Law Brochure (PDF) Summary of Landlord Tenant Law – Department of Agriculture and Consumer Services Because of this, dark, damp places are their favorite places to proliferate. They uncovered a serious habitability issue in an apartment complex because of mold. First, one must identify the source of the water intrusion that caused the damage and ultimately led to the mold growth. Some local housing codes will refer to mold as causing a premises to fail to meet minimum housing standards, however, these local codes differ from city to city and county to county. Just like an animal or plant, it breathes, consumes, and requires water to survive. Mold and its associated health risks are a concern for renters everywhere. It governs the rights of both landlords and tenants. Sometimes, renters or homeowner’s insurance policies will cover mold-related damages. It spreads easily, so mold on a closet wall could spread and end up damaging clothing or other items stored in the closet. It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair. (954) 241-2260
Whether a huge rainstorm floods your rental property or a bucket of water spills on the carpet, the key to preventing mold problems is by cleaning and drying these areas quickly. Remember, not all mold types are dangerous. The landlord must give a reasonable notice However, for the harmful ones, a range of rules have been enacted in Florida’s landlord-tenant laws regarding their presence and removal. Florida Mold Law, Effective: July 1, 2010, Florida Mold Licensing Law Requires Mold Assessors (Inspectors) and Mold Remediators to be licensed by the Florida Department of Business and Professional Regulation. Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. Always conduct a move-in inspection before the tenant moves in. Does a Tenant Have to Pay the Lease Early Termination Fee if the Apartment or Home has Mold? It is not intended for the purpose of providing legal advice. Therefore, if a landlord or condominium has brought in outside contractors into the dwelling to either inspect or remediate mold, they are required to carry a specialty license and an insurance policy with a minimum of one million dollars of liability coverage. It will depend on the specific coverage your … The Mold Lawyers at Militzok & Associates offer a FREE consultation to discuss the unique facts of your mold claim with our experienced attorneys. Sales and Use Tax on Rental of Living or Sleeping Accommodations; Helpful Links. In the presence of moisture, they can grow rather quickly. If the presence of mold affects the livability of the apartment and the health and safety of the tenants, the landlord is in violation of this warranty and the tenant should move out. Unfortunately in Florida, the mold protection laws are relatively weak. Florida Landlord Tenant Law. For tenants, s. 83.51, Florida Statutes, requires that the landlord “[c]omply with the requirements of applicable building, housing, and health codes” and if the premises is located in an area that doesn’t have local building, housing or health codes, then the landlord is required to “maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition.” Although, the statute does not specifically mention “mold”, many local code inspectors will issue a citation against a landlord for failure to meet minimum housing standards where mold is present. Whether you are a tenant or a condominium owner, the only way to protect your rights under Florida law is to ensure you provide written notice to the landlord or condominium association and make sure you can prove that the letter was received. (g) Offer any compensation, inducement, or reward to a mold remediator or mold remediator’s company for the referral of any business from the mold remediator or the mold remediator’s company. Phone Representatives Available: 24/7, Copyright 2016-2020 Militzok & Associates, P.A. Mold in Apartment or House: Landlord-Tenant Dispute or Personal Injury Lawsuit? In a 2015 KPBS and Voice of San Diego investigation , one tenant said mold in her bathroom sent her son to … If the tenant objects to the damage, then you may try the legal recourse. Breaking a lease due to mold in Florida? This article answers frequently asked questions about your rights as a tenant when you are renting an apartment or home with mold in Texas. Mold is a type of microscopic fungi that thrives in moist conditions and grows on any organic material including wood, paper and fibers. The home was also flooded and had serious mold contamination. The spores are found in the air we breathe, but extensive mold contamination may cause health problems. Mold on the living room ceiling could spread and end up damaging your living room furniture. Florida, as with other states, sets out landlord/tenant law in both statutory and common law (i.e., court opinions). Your tenants may begin experiencing these symptoms: There are seemingly endless species of mold, but the following are the most common types found within a home. The Mold Lawyers win Injunction Against Condo Association. Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. One of the last questions on your mind is whether a given property is contaminated with toxic black mold. Take, for example, one case of an investigation done by a local news channel. During routine inspections, check for any leaks or water damage beneath cabinets and around all water fixtures. Florida has put together an extensive set of landlord-tenant laws to help bring order to the millions of renters and property owners in the state. These specific set of Florida mold laws deals with how landlords and tenants work through issues pertaining to mold infestations and mold removal when mold is discovered on a leased property. Withhold rent – Florida landlord tenant law allows tenant to withhold rent after giving the landlord seven days’ notice to fix the issue. 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